Reports of Cases Argued and Determined in the Supreme Court of Tennessee, Volume 114
Tennessee. Supreme Court, William Wilcox Cooke, Joseph Brown Heiskell, Jere Baxter, Benjamin James Lea, George Wesley Pickle, Charles Theodore Cates, Frank Marian Thompson, Charles Le Sueur Cornelius, Roy Hood Beeler
Rich Printing Company, 1906 - Law reports, digests, etc
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action administrator adverse possession alleged amount appeal applied appointment assigned authority Bank bill brought Brown cause charge circuit court cited cited and approved claim Code complainant considered constitution construction contract corporation costs court of chancery damages death deceased decree deed defendant delivered determined directed duty effect entitled error evidence execution facts filed follows further give given grant ground held hold injury Insurance interest issue judge judgment jury justice land matter motion Nashville operation opinion owner paid party pass person plaintiff plea possession Post present proceedings proper purchaser question Railroad reason record recover referred refused res adjudicata result road rule Smith statement statute suit taken Tenn Tennessee terminal thereof tion train trial trustee witness
Page 695 - A check of itself does not operate as an assignment of any part of the funds to the credit of the drawer with the bank, and the bank is not liable to the holder, unless and until it accepts or certifies the check.
Page 229 - ... no officer, agent, or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting the insurance under this policy exist or be claimed by the insured unless so written or attached.
Page 28 - ... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a court of law or Of which he might have availed himself at law but was prevented by fraud or accident, unmixed with any fault or See 17 OTTO. i negligence in himself or his agents, will justify ; an application to a court of chancery.
Page 656 - A pardon is an act of grace, proceeding from the power intrusted with the execution of the laws, which exempts the individual, on whom it is bestowed, from the punishment the law inflicts for a crime he has committed.
Page 349 - The rule that the courts of no country execute the penal laws of another applies not only to prosecutions and sentences for crimes and misdemeanors, but to all suits in favor of the State for the recovery of pecuniary penalties for any violation of statutes for the protection of its revenue or other municipal laws, and to all judgments for such penalties.
Page 229 - This policy is made and accepted subject to the foregoing stipulations and conditions, together with such other provisions, agreements, or conditions as may be endorsed hereon or added hereto, and no officer, agent, or other representative of this company shall have power to waive any provision or condition of this policy except such as by the terms of this policy may be the subject of agreement indorsed hereon or added hereto...
Page 476 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.
Page 156 - A man must use his property so as not to incommode his neighbor; but the maxim extends only to neighbors who do not interfere with it or enter upon it.
Page 349 - The question whether a statute of one State, which in some aspects may be called penal, is a penal law in the international sense, so that it cannot be enforced in the courts of another State, depends upon the question whether its purpose is to punish an offense against the public justice of the State, or to afford a private remedy to a person injured by the wrongful act.