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 84
Page 27
... proving myself clear , and am going to leave . " The officer who arrested the defendant on the charge of bastardy also ... prove myself out , and it may be that I had better own up . " These con- fessions , instead of being shown by the ...
... proving myself clear , and am going to leave . " The officer who arrested the defendant on the charge of bastardy also ... prove myself out , and it may be that I had better own up . " These con- fessions , instead of being shown by the ...
Page 50
... PROVE EXISTENCE OF DEBT TO HIM . - If one aggrieved by a conveyance calls its validity in question , and moves to set it aside , the parties claiming under it may dispute his claim by demanding that he shall prove himself to be a ...
... PROVE EXISTENCE OF DEBT TO HIM . - If one aggrieved by a conveyance calls its validity in question , and moves to set it aside , the parties claiming under it may dispute his claim by demanding that he shall prove himself to be a ...
Page 51
... proved , the conveyance must yield to the judgment ; and the burden is on the grantee to prove that he paid an adequate and valu- able consideration . FRAUDULENT CONVEYANCES - OBLIGATION OF ADMIN- ISTRATOR'S BOND - ONE CONTINGENTLY ...
... proved , the conveyance must yield to the judgment ; and the burden is on the grantee to prove that he paid an adequate and valu- able consideration . FRAUDULENT CONVEYANCES - OBLIGATION OF ADMIN- ISTRATOR'S BOND - ONE CONTINGENTLY ...
Page 55
... prove himself to be a creditor of the grantor or donor , with a valid , subsisting debt against him . The fact of primary import- ance in such a proceeding - whether it be to set aside the con- veyance as constructively fraudulent and ...
... prove himself to be a creditor of the grantor or donor , with a valid , subsisting debt against him . The fact of primary import- ance in such a proceeding - whether it be to set aside the con- veyance as constructively fraudulent and ...
Page 56
... proving the actual fraud would be upon the complainant . If the complainant , however , would use the judgment to the ... prove that he paid an adequate and valuable consideration : Chipman v . Glennon , 98 Ala . 263 ; Page v . Francis ...
... proving the actual fraud would be upon the complainant . If the complainant , however , would use the judgment to the ... prove that he paid an adequate and valuable consideration : Chipman v . Glennon , 98 Ala . 263 ; Page v . Francis ...
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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.