Albany Law Journal, Volum 4Weed, Parsons & Company, 1871 |
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Resultat 1-5 av 78
Side 3
... rule . The verdict for defendant was set aside . The action was tried again in 1828 ( 6 Wend . 467 , A. D. 1821 ) , eleven years acquiescence was shown . The plaintiff had a verdict . Chief Justice Savage said the question was the same ...
... rule . The verdict for defendant was set aside . The action was tried again in 1828 ( 6 Wend . 467 , A. D. 1821 ) , eleven years acquiescence was shown . The plaintiff had a verdict . Chief Justice Savage said the question was the same ...
Side 24
... rule : If the boundaries in a grant are definite , certain and unambiguous , and adverse possession has not accrued ; yet , if the division line between the lands granted and the lands of one adjoining has been differently fixed and ...
... rule : If the boundaries in a grant are definite , certain and unambiguous , and adverse possession has not accrued ; yet , if the division line between the lands granted and the lands of one adjoining has been differently fixed and ...
Side 28
... rule is the correct one , and applicable to the case . The recovery here was mainly as to the plaintiff's property . There was no request to instruct the jury differently as to the passenger and no available excep- tion is made on this ...
... rule is the correct one , and applicable to the case . The recovery here was mainly as to the plaintiff's property . There was no request to instruct the jury differently as to the passenger and no available excep- tion is made on this ...
Side 33
... rule nisi inter alia , for a new trial , on the ground that such ruling of the learned judge as to the statute of limitations was a misdirection . Joseph Browne and Leresche shewed cause . Assum- ing the sale in 1859 to be a conversion ...
... rule nisi inter alia , for a new trial , on the ground that such ruling of the learned judge as to the statute of limitations was a misdirection . Joseph Browne and Leresche shewed cause . Assum- ing the sale in 1859 to be a conversion ...
Side 34
... rule of law that church wardens have succession as repre- senting the parish in respect of its movable property , and may maintain actions in such capacity even against the incumbent . Year Book , M. 11 Hen . , 4 fol . 12 a .; Com . Dig ...
... rule of law that church wardens have succession as repre- senting the parish in respect of its movable property , and may maintain actions in such capacity even against the incumbent . Year Book , M. 11 Hen . , 4 fol . 12 a .; Com . Dig ...
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Populære avsnitt
Side 334 - And the General Assembly shall, from time to time, pass laws establishing reasonable maximum rates of charges for the transportation of passengers and freight on the different railroads in this State.
Side 277 - The common law of England, so far as it is not repugnant to or inconsistent with the Constitution of the United States, or the Constitution or laws of the state of California, shall be the rule of decision in all the courts of this state.
Side 132 - The high contracting parties agree that all claims on the part of corporations, companies, or private individuals, citizens of the United States...
Side 79 - Bill of exchange (foreign) or letter of credit, drawn in but payable out of the United States, if drawn singly, or otherwise than in a set of three or more, according to the custom of merchants and bankers, shall pay the same rates of duty as inland bills of exchange or promissory notes.
Side 301 - ... in the sum not less than two hundred dollars and not exceeding the amount claimed by the plaintiff, with sufficient sureties, to the effect that if the defendant recovers judgment, the plaintiff will pay all costs that may be awarded to the defendant and all damages which he may sustain by reason of the attachment...
Side 354 - ... there were two questions for their consideration : first, whether the plaintiff had given value for the bill, of which there could be no doubt ; and, secondly, whether he took it under circumstances which ought to have excited the suspicions of a prudent and careful man.
Side 82 - ... or copy, and note upon the margin thereof the date of his so doing, and the fact that such penalty has been paid \ and the same shall thereupon be deemed and held to be as valid, to all intents and purposes, as if stamped when made or issued...
Side 33 - It appears by the report of the learned judge that no point was reserved, and that he is not dissatisfied with the verdict, which turned altogether upon the credibility of a witness. There is, therefore, no ground for the rule, unless the alleged misdirection be made out; and we took time to consider that point only.
Side 354 - I believe we are all of opinion that gross negligence only would not be a sufficient answer where the party has given consideration for the bill. Gross negligence may be evidence of mala fides, but it is not the same thing. We have shaken off the last remnant of the contrary doctrine. Where the bill has passed to the plaintiff without any proof of bad faith in him, there is no objection to his title.
Side 96 - ... any memorandum, check, receipt or other written or printed evidence of an amount of money to be paid...