The American State Reports: Containing the Cases of General Value and Authority Subsequent to Those Contained in the "American Decisions" [1760-1869] and the "American Reports" [1869-1887] Decided in the Courts of Last Resort of the Several States [1886-1911], Volume 53Abraham Clark Freeman Bancroft-Whitney Company, 1897 - Law reports, digests, etc |
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Results 1-5 of 85
Page 45
... grant of power , there can be no inquiry into or discussion of their policy or reasonableness . " What the legislature says may be done cannot be set aside by the courts , because they may deem it unreasonable or against sound policy ...
... grant of power , there can be no inquiry into or discussion of their policy or reasonableness . " What the legislature says may be done cannot be set aside by the courts , because they may deem it unreasonable or against sound policy ...
Page 46
... grant to the trans- fer company the exclusive right , by the officers , agents , and em- ployés , to enter the premises and trains of the grantors for the purpose of soliciting patronage . It is forcibly argued by the counsel for the ...
... grant to the trans- fer company the exclusive right , by the officers , agents , and em- ployés , to enter the premises and trains of the grantors for the purpose of soliciting patronage . It is forcibly argued by the counsel for the ...
Page 52
... grant or to deny an application to set aside the order of submis- sion , for the purpose of allowing new evidence to be introduced , whether upon a sufficient showing or not , but , in any event , the court's ruling thereon is not ...
... grant or to deny an application to set aside the order of submis- sion , for the purpose of allowing new evidence to be introduced , whether upon a sufficient showing or not , but , in any event , the court's ruling thereon is not ...
Page 55
... grant , or assignment ; for the plain reason that otherwise his rights of property could be divested 340 without his consent , and the fraud or laches of the grantor could work a forfeiture of estates he had created by the most solemn ...
... grant , or assignment ; for the plain reason that otherwise his rights of property could be divested 340 without his consent , and the fraud or laches of the grantor could work a forfeiture of estates he had created by the most solemn ...
Page 63
... grant , was contingent ; as , where he was a surety or indorser , and it was not known that he would ever be called upon to pay the debt : Note to Hagerman v . Buchanan , 14 Am . St. Rep . 744 ; Hutchison v . Kelly , 1 Rob . ( Va ...
... grant , was contingent ; as , where he was a surety or indorser , and it was not known that he would ever be called upon to pay the debt : Note to Hagerman v . Buchanan , 14 Am . St. Rep . 744 ; Hutchison v . Kelly , 1 Rob . ( Va ...
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Common terms and phrases
action adverse possession agent alleged appellant appellee application assessment attorney authority averment bank bills of lading breach cause cause of action charge claim complainant constitution construction contract contributory negligence conveyance corporation court court of equity covenant creditor damages debt debtor deed defendant delivered delivery demurrer dollars duty entitled equity error evidence execution exercise extended note fact fendant fraud grant grantor held indorsement injury issued judgment jurisdiction jury land lease legislature liable lien mechanic's lien ment mortgage municipal municipal corporation negligence notice Ohio St opinion owner paid parties payment person plaintiff plaintiff in error possession proceedings purchaser purpose question R. R. Co railway reason received recover rule service of process statute street sufficient suit surety sustained thereof tion trial trust valid verdict witness
Popular passages
Page 139 - Those rivers must be regarded as public navigable rivers in law which are navigable in fact. And they are navigable in fact when they are used, or are susceptible of being used, in their ordinary condition, as highways for commerce, over which trade and travel are or may be conducted in the customary modes of trade and travel on water.
Page 912 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally — ie, according to the usual course of things, from such breach of contract itself — or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Page 942 - The proposition which these recognized cases suggest, and which is, therefore, to be deduced from them, is that, whenever one person is by circumstances placed in such a position with regard to another that every one of ordinary sense who did think would at once recognize that if he did not use ordinary care and skill in his own conduct with regard to those circumstances he would cause danger of injury to the person or property of the other, a duty arises to use ordinary care and skill to avoid such...
Page 240 - It is very true that a corporation can have no legal existence out of the boundaries of the sovereignty by which it is created. It exists only in contemplation of law, and by force of the law; and where that law ceases to operate, and is no longer obligatory, the corporation can have no existence. It must dwell in the place of its creation, and cannot migrate to another sovereignty.
Page 167 - Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press.
Page 78 - CD, of the city aforesaid, merchant, my true and lawful attorney, for me, and in my name, and for my use to ask, demand...
Page 847 - This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material fact or circumstance concerning this insurance or the subject thereof...
Page 563 - ... to agree upon the manner, and upon the terms and conditions upon which the same may be used or occupied...
Page 163 - A surety is exonerated: 1. In like manner with a guarantor; 2. To the extent to which he is prejudiced by any act of the creditor which would naturally prove injurious to the remedies of the surety or inconsistent with his rights, or which lessens his security; or, 3.
Page 334 - The legislature cannot delegate its power to make a law; but it can make a law to delegate a power to determine some fact or state of things upon which the law makes, or intends to make, its own action depend.