American Law Reports Annotated, Svazek 59Lawyers Co-operative Publishing Company, 1929 |
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action affirmed amount paid annotation appeared applied baggage bond carrier claim clerk of court condition contract contributory negligence corporation court held deed default defendant demand deposit employee entitled to recover evidence ex rel fact forfeiture fraud grand jury indictment injury insolvent insurer Iowa judgment land lessee liable lien ment Minn Misc money paid moneyed capital mortgage N. Y. Supp national banks negligence Okla owner paid into court parties passenger payment perform person plaintiff porter possession provision purchase price Quady question quitclaim deed R. C. L. Supp reason received recover the amount redcap refused replevin res ipsa loquitur rescind rescission rule sidewalk statute Statute of Frauds supra sureties taxation tender thereof tion tract trust usury vendor wife
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Strana 471 - The court said there must be reasonable evidence of negligence; but where the thing is .shown to be under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Strana 13 - State, subject only to the two restrictions, that the taxation shall not be at a greater rate than is assessed upon other moneyed capital in the hands of individual citizens of such State...
Strana 502 - ... all statutes of the United States modifying or extending the commonlaw right or remedy in cases of personal injury to railway employees shall apply...
Strana 677 - ... any moneyed business or commercial corporation, except a municipal, railroad, insurance, or banking corporation, owing debts to the amount of one thousand dollars or over, may be adjudged an involuntary bankrupt upon default or an impartial trial, and shall be subject to the provisions and entitled to the benefits of this act.
Strana 518 - It may be said in a general way that the police power extends to all the great public needs. ... It may be put forth in aid of what is sanctioned by usage, or held by the prevailing morality or strong and preponderant opinion to be greatly and immediately necessary to the public welfare.
Strana 466 - In our opinion, res ipsa loquitur means that the facts of the occurrence warrant the inference of negligence, not that they compel such an inference; that they furnish circumstantial evidence of negligence where direct evidence of it may be lacking, but it is evidence to be weighed, not necessarily to be accepted as sufficient; that they call for explanation or rebuttal, not necessarily that they require it; that they make a case to be decided by the jury, not that they forestall the verdict. Res...
Strana 340 - Procedure requires that every action be brought in the name of the real party in interest...
Strana 11 - National banks are instrumentalities of the Federal Government, created for a public purpose, and as such necessarily subject to the paramount authority of the United States. It follows that an attempt, by a State, to define their duties or control the conduct of their affairs is absolutely void, wherever such attempted exercise of authority expressly conflicts with the laws of the United States...
Strana 179 - no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Strana 518 - Rights of property, like all other social and conventional rights, are subject to such reasonable limitations in their enjoyment as shall prevent them from being injurious, and such reasonable restraints, and regulations established by law as the legislature, under the governing and controlling power vested in them by the Constitution, may think necessary and expedient.