American Law Reports Annotated, Svazek 57Lawyers Co-operative Publishing Company, 1928 |
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Strana 9
... proper con- dition on his own land would not pre- clude recovery for such damage to his land , where due to the commission of a nuisance by the defendant in filling up the run on his land . The court said : " One who decisively contrib ...
... proper con- dition on his own land would not pre- clude recovery for such damage to his land , where due to the commission of a nuisance by the defendant in filling up the run on his land . The court said : " One who decisively contrib ...
Strana 47
... proper warning . Appeal - review of finding of fact . In the instant case , the question of negligence of Hall was properly submitted to the jury , and the jury's finding on a ques- tion of fact proper- ly submitted to them cannot be ...
... proper warning . Appeal - review of finding of fact . In the instant case , the question of negligence of Hall was properly submitted to the jury , and the jury's finding on a ques- tion of fact proper- ly submitted to them cannot be ...
Strana 63
... proper conduct , i . e . , must have done something from an interested and im- proper motive designed to prejudice the jury in her favor . " The refusal of the trial court to dis- charge the jury in an action for per- sonal injury ...
... proper conduct , i . e . , must have done something from an interested and im- proper motive designed to prejudice the jury in her favor . " The refusal of the trial court to dis- charge the jury in an action for per- sonal injury ...
Strana 66
... proper in the conduct of said counsel , but we can readily understand how a plaintiff , unacquainted with court proceedings , nervous from sickness and suffering , unfamiliar with our language , and naturally timorous un- der the ...
... proper in the conduct of said counsel , but we can readily understand how a plaintiff , unacquainted with court proceedings , nervous from sickness and suffering , unfamiliar with our language , and naturally timorous un- der the ...
Strana 73
... proper showing justifying their interposition , is recognized and in fact well settled . [ See 14 R. C. L. 408 ; 3 R. C. L. Supp . 228 ; 5 R. C. L. Supp . 764. ] Injunction , § 98 power to restrain prosecution of action - when exer ...
... proper showing justifying their interposition , is recognized and in fact well settled . [ See 14 R. C. L. 408 ; 3 R. C. L. Supp . 228 ; 5 R. C. L. Supp . 764. ] Injunction , § 98 power to restrain prosecution of action - when exer ...
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action affirmed agent alleged annotation appellant appellee applied authority Bank bonds building line cause charge claim Commission common law complaint Constitution contract contributory negligence corporation court of equity covenant Crim damages death decision deed defendant demurrer domicil duty dwelling house easement effect evidence ex rel execution executor fact fendant Fort Smith ground habeas corpus highway injunction injury interest judge judgment jurisdiction jury land liability ment mortgage mortgagor N. J. Eq N. Y. Supp negligence nuisance Okla opinion owner parties person plaintiff plat provision purchaser purpose question R. C. L. Supp railroad company reason record recover replevin restriction rule sion statute street suit supra Teleg testator timber tion trial court trust ultra vires valid vendee vendor verdict violation W. R. Co
Oblíbené pasáže
Strana 416 - Every person is entitled to a certain remedy in the laws, for all injuries, or wrongs which he may receive in his person, property, or character; he ought to obtain justice freely, and without being obliged to purchase it, completely and without denial,
Strana 431 - Cas. 696, that public policy requires that competent persons "shall have the utmost liberty of contracting, and that their contracts, when entered into fairly and voluntarily, shall be held sacred, and shall be enforced by courts of justice." The station grounds belong to the railroad company and it lawfully may put them
Strana 103 - yet, if it is applied and administered by public authority with an evil eye and an unequal hand, so as practically to make unjust and illegal discriminations between persons in similar circumstances, material to their rights, the denial of equal justice is still within the prohibition of the Constitution.
Strana 289 - Every procedure which would offer a possible temptation to the average man as a judge to forget the burden of proof required to convict the defendant, or which might lead him not to hold the balance nice, clear and true between the state and the accused, denies the latter due process of law.
Strana 673 - (a) is for some lawful object within its corporate purposes, and compatible with the public interest, which is necessary or appropriate for or consistent with the proper performance by the carrier of service to the public as a
Strana 135 - has no real or substantial relation to those subjects, or is a palpable invasion of rights secured by the fundamental law. If 'it does not appear upon the face of the statute, or from any facts of which the court must take judicial cognizance, that it infringes rights secured by the fundamental law, the legislative determination is conclusive.
Strana 513 - Nay, more, in the city of Los Angeles itself its needy childhood goes unfed and unclothed, its dependent womanhood unprotected and uncared for by organized charities, except they have a 'permit.' Surely here, if anywhere, is "'The organized charity, scrimped and iced, In the name of a cautious, statistical Christ.'
Strana 13 - obstruction in the road by the fault of the defendant, and no want of ordinary care to avoid it on the part of the plaintiff." There are obiter expressions in some of the cases apparently recognizing or assuming that contributory negligence would be a defense, even against a nuisance which would come within the category of absolute nuisances
Strana 193 - Nor shall any control of or interference with the rights of conscience be permitted." "Rights of conscience" means what? By conscience we mean that internal conviction or self-knowledge that tells us that a thing is right or wrong. It is
Strana 74 - The courts of justice of the state shall be open to every person, and speedy and certain remedy afforded for every wrong and for every injury to person, property, or reputation; and right and justice shall be administered without sale, denial, delay, or prejudice.