The American State Reports: Containing the Cases of General Value and Authority Subsequent to Those Contained in the "American Decisions" [1760-1869] and the "American Reports" [1869-1887] Decided in the Courts of Last Resort of the Several States [1886-1911], Svazek 59Abraham Clark Freeman Bancroft-Whitney Company, 1898 |
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Strana 43
... existence of certain conditions , and which is incapable of transfer from one to the other by the act of the parties ; and we cannot conclude that it was the purpose of the legislature to authorize the court to make such transfer , in ...
... existence of certain conditions , and which is incapable of transfer from one to the other by the act of the parties ; and we cannot conclude that it was the purpose of the legislature to authorize the court to make such transfer , in ...
Strana 63
... perjury . The same objection may be urged to every rule of law which permits parties to show mistakes in the writing and preparation of in- struments , for in each case the existence of a March , 1896. ] 63 OTTO V. HALFF .
... perjury . The same objection may be urged to every rule of law which permits parties to show mistakes in the writing and preparation of in- struments , for in each case the existence of a March , 1896. ] 63 OTTO V. HALFF .
Strana 64
... existence of a mistake must be shown by human testimony , and is , therefore , liable equally as in this case to be false . The law does not presume that men will commit perjury , nor that they will perpetrate frauds upon their fellow ...
... existence of a mistake must be shown by human testimony , and is , therefore , liable equally as in this case to be false . The law does not presume that men will commit perjury , nor that they will perpetrate frauds upon their fellow ...
Strana 75
... existence of the disease communicated or not . In the fifth charge the court , in effect , instructed the jury that if the defendant had reason to believe that its cattle were liable to communicate disease to the plaintiff's cattle from ...
... existence of the disease communicated or not . In the fifth charge the court , in effect , instructed the jury that if the defendant had reason to believe that its cattle were liable to communicate disease to the plaintiff's cattle from ...
Strana 78
... existence of a disease , how could there be negligence in reference thereto ? If the negligence of permitting the horse to stray upon the land of another unlawfully will not render the owner liable for an injury inflicted by it while ...
... existence of a disease , how could there be negligence in reference thereto ? If the negligence of permitting the horse to stray upon the land of another unlawfully will not render the owner liable for an injury inflicted by it while ...
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affirmed agent agreement alleged amount appellant appellee application assignment authority averred Bank bill bill of lading bond cattle cause of action charge cited claim common law complaint constitution contract conveyance corporation court of civil court of equity creditors damages debt debtor decree deed defendant in error demurrer duty election entitled equity estoppel evidence execution facts filed fraud ground held homestead husband injury interest Iowa issue judge judgment jurisdiction jury liability lien loss Louis Otto ment Monographic note mortgage negligence notice opinion owner paid parties payment person petition plaintiff in error plead possession principle proceeding purchase purpose question quitclaim deed R. R. Co railroad reason received recover rule statute statute of frauds stockholders sufficient suit surety thereof tion trust valid void wife
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Strana 623 - ... at the time of the committing of the act the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Strana 481 - No county, city, town, township, school district or other political corporation or subdivision of the State shall be allowed to become indebted in any manner or for any purpose to an amount exceeding in any year the income and revenue provided for such year, without the assent of two-thirds of the voters thereof voting at an election to be held for that purpose...
Strana 21 - Whenever a commodity has begun to move as an article of trade from one State to another, commerce in that commodity between the States has commenced.
Strana 624 - 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...
Strana 618 - If the accused was conscious that the act was one which he ought not to do, and if that act was at the same time contrary to the law of the land, he is punishable...
Strana 484 - No county shall be divided, or have any part stricken therefrom, without submitting the question to a vote of the people of the county, nor unless a majority of all the legal voters of the county voting on the question, shall vote for the same.
Strana 860 - We feel no hesitation in confining these expressions to those privileges and immunities which are in their nature fundamental, which belong of right to the citizens of all free governments ; and which have at all times been enjoyed by the citizens of the several States which compose this Union, from the time of their becoming free, independent, and sovereign.
Strana 861 - ... to claim the benefit of the writ of habeas corpus; to Institute and maintain actions of any kind In the courts of the state; to take, hold, and dispose of property, either real or personal; and an exemption from higher taxes or Impositions than are paid by the other citizens of the state,— may be mentioned as some of the particular privileges and Immunities of citizens, which are clearly embraced by the general description of privileges deemed to be fundamental...
Strana 705 - The plaintiff may unite in the same complaint several causes of action, whether they be such as have been heretofore denominated legal or equitable or both, where they all arise out of, 1.
Strana 217 - Rape is an act of sexual intercourse accomplished with a female, not the wife of the perpetrator, under either of the following circumstances: "1.