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], Volum 81Abraham Clark Freeman Bancroft-Whitney Company, 1901 |
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The American State Reports: Containing the Cases of General Value ..., Volum 67 Abraham Clark Freeman Uten tilgangsbegrensning - 1899 |
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The American State Reports: Containing the Cases of General Value ..., Volum 43 Uten tilgangsbegrensning - 1895 |
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administrator alleged appellant appellee apply appointment appurtenances assignment authority Bank benefit Catoosa county cause of action charge cited claim Code collateral common law constitution contract contributory negligence conveyance corporation counsel court of equity creditors damages debt decision decree deed defendant demurrer dollars duty easement enforce entitled equity error estoppel evidence execution existence fact garnishment grant ground held homestead improvements indictment injury interest judge judgment jurisdiction jury land liable lien loan mandamus marriage ment Minn monographic note mortgage negligence opinion owner paid parties payment person plaintiff plaintiff in error possession premises probate court proceedings purchase purpose question reason received recover rendered rule statute statute of limitations testator testimony thereof tion trust usury valid verdict void witness
Populære avsnitt
Side 473 - But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Side 386 - Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Side 375 - ... neither can they be enhanced to an immoderate rate; but the duties must be reasonable and moderate, though settled by the king's license or charter. For now the wharf and crane and other conveniences are affected with a public interest...
Side 606 - An agreement may be made to create a lien upon property not yet acquired by the party agreeing to give the lien, or not yet in existence. In such case the lien agreed for attaches from the time when the party agreeing to give it acquires an interest in the thing, to the extent of such interest.
Side 662 - It may be apparent from the intrinsic nature and subject of the bargain itself; such as no man in his senses and not under delusion would make on the one hand, and as no honest and fair man would accept on the other...
Side 391 - We know that this is a power which may be abused, but that is no argument against its existence. For protection against abuses by legislatures the people must resort to the polls, not to the courts.
Side 239 - ... primary duty devolving upon the defendant ; a delict or wrong done by the defendant which consisted in a breach of such primary right and duty; a remedial right in favor of the plaintiff, and a remedial duty resting on the defendant springing from this delict, and finally the remedy or relief itself. Every action, however complicated, or however simple, must contain these essential elements. Of these elements, the primary right and duty and the delict or wrong combined constitute the cause of...
Side 380 - It is a part of every man's civil rights that he be left at liberty to refuse business relations with any person whomsoever, whether the refusal rests upon reason, or is the result of whim, caprice, prejudice or malice.
Side 381 - 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 379 - Under such circumstances, it is difficult to see why, if the common carrier, or the miller, or the ferryman, or the innkeeper, or the wharfinger, or the baker, or the cartman, or the hackney-coachman, pursues a public employment and exercises "a sort of public office," these plaintiffs in error do not.