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The Eastern Reporter: Containing All the Decisions of the States of ..., Volum 8
Uten tilgangsbegrensning - 1887
The Eastern Reporter: Containing All the Decisions of the States of ..., Volum 9
Uten tilgangsbegrensning - 1887
The Eastern Reporter: Containing All the Decisions of the States of ..., Volum 3
Uten tilgangsbegrensning - 1886
action affirmed agreement alleged amount answer appeal applied assignment attachment authority bill bond brought cause charge claim common complainant condition consideration construction contract court creditors damages debt decree deed defendant determine discharge duty easement effect entered entitled error evidence exceptions execution executor existence fact filed follows give given granted ground held intention interest issue judge judgment jury land lease liable limitation matter meaning ment mortgage necessary notice objection officer opinion original owner paid parties passed payment person plaintiff possession premises present principle proceedings purchase question railroad reason received recover referred refused relation rent respect road rule says statute street sufficient suit taken term tion town trial trustee verdict witness writ
Side 172 - It extends to the protection of the lives, limbs, health, comfort and quiet of all persons, and the protection of all property within the state...
Side 536 - P. 249] , and the conclusion there arrived at seems to be correct in general, "that an express promise can only revive a precedent good consideration, which might have been enforced at law through the medium of an implied promise, had it not been suspended by some positive rule of law; but can give no original cause of action, if the obligation, on which it is founded, never could have been enforced at law, though not barred by any legal maxim or statute provision.
Side 697 - No man shall be deprived of his life, liberty or property, but by the judgment of his peers and the law of the land.
Side 222 - It is now settled, both in England and in this state, that money paid under a mistake of fact may be recovered back, however negligent the party paying may have been in making the mistake, unless the payment has caused such a change in the position of the other party that it would be unjust to require him to refund.
Side 639 - Formerly it was held that, if there was what was called a "scintilla of evidence" in support of a case, the judge was bound to leave it to the jury; but recent decisions of high authority have established a more reasonable rule, — that in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not whether there is literally no evidence, but whether there is any upon which a jury can properly proceed to find a verdict for the party producing it. upon whom...
Side 114 - Judgment may be entered on the report of the referee and such judgment shall be valid and effectual in all respects as if the same had been rendered in a suit commenced by the ordinary process, and the practice on appeal therefrom shall be the same as in other civil actions.
Side 322 - ... shall be construed to mean a want or failure of issue in the lifetime or at the time of the death of such person; and not an indefinite failure of his issue, unless a contrary intention shall appear by the will...
Side 297 - All acts and parts of acts which are inconsistent with the provisions of this act are repealed, so far as they impose any punishment for crime, except as herein provided.
Side 204 - If the above-mentioned premises shall be occupied or used so as to increase the risk, or become vacant and unoccupied for a period of more than ten days...