The American Decisions: Containing All the Cases of General Value and Authority Decided in the Courts of the Several States, from the Earliest Issue of the State Reports to the Year 1869, Volumen91Bancroft-Whitney, 1887 |
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Otras ediciones - Ver todas
The American Decisions: Containing All the Cases of General Value ..., Volumen83 Vista completa - 1887 |
The American Decisions: Containing All the Cases of General Value ..., Volumen37 Vista completa - 1886 |
The American Decisions: Containing All the Cases of General Value ..., Volumen62 Vista completa - 1886 |
Términos y frases comunes
action agent alleged amount appear application assigned attachment authority Bank bill carrier cause charge cited claim common complaint condition consideration constitution contract corporation County court creditors damages debt deed defendant dollars duty easement effect entered entitled equity error evidence execution exempt existence fact give given ground held hold injury intention interest issue judge judgment jury land liable limitation matter means ment mortgage nature necessary negligence notice objection obligation officer opinion owner paid party passed payment person plaintiff possession present principal proceedings proof proved purchaser question reason received record recover referred relation rendered road rule statute sufficient suit taken tion trial trustee United unless valid void wife witness writ
Pasajes populares
Página 603 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Página 196 - That a final judgment or decree in any suit, in the highest Court of law or equity of a State in which a decision in the suit could be had...
Página 684 - Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.
Página 267 - And, in the just preservation of rights and property, it is understood and declared that no law ought ever to be made or have force in the said Territory that shall, in any manner whatever, interfere with or affect private contracts, or engagements, bona fide, and without fraud previously formed.
Página 284 - It may not be unworthy of remark, that it is very unusual, even in cases of conquest, for the conqueror to do more than to displace the sovereign and assume dominion over the country. The modern usage of nations, which has become law, would be violated; that sense of justice and of right which is acknowledged and felt by the whole civilized world would be outraged, if private property should be generally confiscated, and private rights annulled.
Página 250 - Whatever belongs merely to the remedy may be altered according to the will of the state, provided the alteration does not impair the obligation of the contract. But if that effect is produced, it is immaterial whether it is done by acting on the remedy or directly on the contract itself. In either case it is prohibited by the Constitution.
Página 631 - ... upon any agreement that is not to be performed within the space of one year from the making thereof; (6) unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith or some other person thereunto by him lawfully authorized.
Página 653 - No action for the recovery of any estate, sold by an executor or administrator under the provisions of this chapter, shall be maintained by any heir or other person claiming under the deceased testator or intestate, unless it be commenced within three years next after the sale.
Página 786 - The law charges this person thus intrusted to carry goods against all events but acts of God and of the enemies of the King. For though the force be never so great, as if an irresistible multitude of people should rob him, nevertheless he is chargeable.
Página 773 - Root objected to the introduction of any evidence, on the ground that the complaint therein did not state facts sufficient to constitute a cause of action.