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, Volum 35Bancroft-Whitney, 1886 |
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action adverse possession agreement alleged ancillary administration appear applied assignment ASSUMPSIT authority Bank bond bridge chancellor chancery charge citing the principal claim common law complainant constitution contract corporation court of chancery court of equity covenant creditors damages debt debtor deceased decision declaration decree deed defendant defendant's delivered demand doctrine dollars duty entitled equity error evidence execution executor facts fendant fieri facias fraud granted ground habeas corpus held indictment indorser intention interest interpleader judge judgment jury justice land legislature levied liable matter ment mortgage notice objection opinion owner paid parties partner payable payment person plaintiff plaintiff in error plea possession principle proceedings promissory note proved provision purchase question reason received recover refused remedy res adjudicata rule sheriff Smith sold statute sufficient suit testator thereof tion trespass trial trover trust verdict void witness writ
Populære avsnitt
Side 70 - to issue writs of mandamus in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States.
Side 625 - The trial by jury in all cases in which it has been heretofore used shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.
Side 60 - The general principle on which this species of evidence is admitted is that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world is gone; when every motive to falsehood is silenced and the mind is induced by the most powerful considerations to speak the truth ; a situation so solemn and so awful is considered by the law as creating an obligation equal to that which is imposed by a positive oath administered in a court of justice.
Side 70 - It is the essential criterion of appellate jurisdiction that it revises and corrects the proceedings in a cause already instituted, and does not create that cause.
Side 148 - And the said records and exemplifications, authenticated as aforesaid, shall have such faith and credit given to them in every court and office within the United States, as they have by law or usage in the courts or offices of the state from whence the same are or shall be taken.
Side 334 - The police power of the state 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 334 - According to the maxim, sic utere tuo ut alienum non ((edits, which, being of universal application, it must, of course, be within the range of legislative action to define the mode and manner in which every one may so use his own as not to injure others.
Side 69 - The supreme court, except in cases otherwise directed by this constitution, shall have appellate jurisdiction only, which shall be co-extensive with the state, under such restrictions and regulations, not repugnant to this constitution, as may, from time to time, be prescribed by law...
Side 164 - No person shall, for the same offence, be twice put in jeopardy of his life or limb, nor shall any man's property be taken or applied to public use without the consent of his representatives, and without just compensation being previously made to him.
Side 73 - All men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property and reputation, and of pursuing their own happiness.