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The American Decisions: Containing All the Cases of General Value ..., Volym 83
Obegränsad förhandsgranskning - 1887
The American Decisions: Containing All the Cases of General Value ..., Volym 37
Obegränsad förhandsgranskning - 1886
The American Decisions: Containing All the Cases of General Value ..., Volym 62
Obegränsad förhandsgranskning - 1886
action administrator agent agreement alleged amended amount appear applied appointed assignment Assumpsit authority Bank Bank of United bill bonds carrier cause citing the principal claim common carriers common law complainant consideration contract conveyance conveyed corporation County coupons court court of chancery court of equity covenant creditors damages debt debtor deceased declared decree deed defendant defendant's demurrer discharge dollars effect entitled equity error evidence execution facts fraudulent heirs held Hurlbutt injury insolvent instrument intended interest John Wilburn judge judgment jurisdiction jury land lease liable ment mortgage negligence notice opinion owner paid party payable payment person plaintiff plaintiff in error possession premises probate proceeding promissory note purchaser question R. R. Co railroad received recover rent replevin river rule sheriff's deed Smith sold statute sufficient suit sustained tenant testator tion trustee valid verdict warranty Wend
Sida 283 - The records and judicial proceedings of the courts of any state or territory, or of any such country, shall be proved or admitted in any other court within the United States by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate that the said attestation is in due form.
Sida 497 - If it be for money due or to become due, it must state concisely the facts out of which it arose, and must show that the sum confessed therefor, is justly due or to become due. (3) If it be for the purpose of securing the plaintiff against a contingent liability, it must state concisely the facts constituting the liability, and must show, that the sum confessed therefor does not exceed the same.
Sida 283 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Sida 626 - They say that to permit the respondent to take the property willed to him would be to permit him to take advantage of his own wrong. To sustain their position the appellants...
Sida 59 - But if the agent once actually undertakes and enters upon the execution of a particular work, it is his duty to use reasonable care in the manner of executing it, so as not to cause any injury to third persons, which may be the natural consequence of his acts...
Sida 519 - On the other hand, where the accident arises from a hidden and internal defect, which a careful and thorough examination would not disclose, and which could not be guarded against by the exercise of a sound judgment and the most vigilant oversight, then the proprietor is not liable for the injury, but the misfortune must be borne by the sufferer, as one of that class of injuries for which the law can afford no redress in the form of a pecuniary recompense.
Sida 176 - At once a motion for a new trial was made on the ground that the foregoing rulings of the judge were wrong, and that the truth of the libel was admissible.
Sida 344 - Where a court has jurisdiction, it has a right to decide every question which occurs in the cause ; and whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other court. But if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void.
Sida 387 - And this is a politic establishment contrived by the policy of the law for the safety of all persons, the necessity of whose affairs obliges them to trust these sorts of persons, that they may be safe in their ways of dealing...
Sida 51 - When a statute is adjudged to be unconstitutional, it is as if it had never been. Rights cannot be built up under it; contracts which depend upon it for their consideration are void; it constitutes a protection to no one who has acted under it, and no one can be punished for having refused obedience to it before the decision was made.