The American and English Encyclopedia of Law, Volum 4John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland E. Thompson, 1888 |
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Side 132
... legislature in the sense in which it is understood in England . This seems ap- parent from the twenty - sixth section of the act relative to ' conveyances , ' which de- clares that no covenant expressed or im- plied , in any conveyance ...
... legislature in the sense in which it is understood in England . This seems ap- parent from the twenty - sixth section of the act relative to ' conveyances , ' which de- clares that no covenant expressed or im- plied , in any conveyance ...
Side 133
... legislature are not understood to speak in an indetermi- nate manner , especially if that construction would violate any general principle of juris- prudence . For in making a statute the legislature are understood to refer them selves ...
... legislature are not understood to speak in an indetermi- nate manner , especially if that construction would violate any general principle of juris- prudence . For in making a statute the legislature are understood to refer them selves ...
Side 135
... legislature re- garded a ' conveyance ' within the meaning of this section , not only from the general signification of the word as applicable to mortgages , but by the use of the word in other sections of the code , adopted at the same ...
... legislature re- garded a ' conveyance ' within the meaning of this section , not only from the general signification of the word as applicable to mortgages , but by the use of the word in other sections of the code , adopted at the same ...
Side 140
... legislature meant a conviction for penalties under chap- ter 75 , in its extensive sense , otherwise they would never have perpetrated the absurdity of making them recoverable in the same manner and with the like costs as if they were ...
... legislature meant a conviction for penalties under chap- ter 75 , in its extensive sense , otherwise they would never have perpetrated the absurdity of making them recoverable in the same manner and with the like costs as if they were ...
Side 191
... Legislatures . - The authority of the legislature in this respect is absolute and unlimited , except by ex- press restrictions of the fundamental law . Paschall v . Whitsett , 11 Ala . 472 ; Franklin Br . Co. v . Wood , 14 Ga . 80 ...
... Legislatures . - The authority of the legislature in this respect is absolute and unlimited , except by ex- press restrictions of the fundamental law . Paschall v . Whitsett , 11 Ala . 472 ; Franklin Br . Co. v . Wood , 14 Ga . 80 ...
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The American and English Encyclopedia of Law, Volum 4 John Houston Merrill,Thomas Johnson Michie,Charles Frederic Williams,David Shephard Garland Ingen forhåndsvisning tilgjengelig - 1888 |
Vanlige uttrykk og setninger
action of covenant agent alleged Allen Mass assigned authority aver Bank Barb Beach on Cont Blatchf board of supervisors bonds breach cause Cent charter Chicago claim common law Comrs Conn contract contributory negligence convey conveyance coroner Corp corporation costs county commissioners county-seat coupons court court of equity damages debt declaration deed defendant doctrine duty eviction executed grant grantor Gray Mass guilty held indictment injury Iowa judgment jury land lease legislature liable mandamus ment Minn mortgage non est factum officers Ohio St ordinary owner party payment person plaintiff plea pleaded poration possession quo warranto R. R. Cas Railroad Co recover rule seal seisin Smith Stat statute suit Tenn tion Torts trover Turnpike Co ultra vires Wall warranty Wend
Populære avsnitt
Side 151 - ... statuary and of models or designs intended to be perfected as works of the fine arts, and the executors, administrators, or assigns of any such person, shall, upon complying with the provisions of this chapter, have the sole liberty of printing, reprinting, publishing, completing, copying, executing, finishing and vending the same...
Side 461 - All claims founded upon the Constitution of the United States or any law of Congress, except for pensions, or upon any regulation of an Executive Department, or upon any contract, express or implied, with the Government of the United States...
Side 506 - Part further covenants and agrees to merchandise such wheat in foreign ports , it being understood and agreed between the Party of the First Part and the Party of the Second Part...
Side 303 - Eminent law writers on this subject say that a cause of forfeiture cannot be taken advantage of, or enforced against a corporation, Collaterally or incidentally, or in any other mode than by a direct proceeding for that purpose against the corporation, so that it may have an opportunity to answer.
Side 209 - We take the general doctrine to be in this country, though there may be exceptional cases and some authorities to the contrary, that the powers of corporations organized under legislative statutes are such and such only as those statutes confer. Conceding the rule applicable to all statutes, that what is fairly implied is as much granted as what is expressed, it remains that the charter of a corporation is the measure of its powers, and that the enumeration of these powers implies the exclusion of...
Side 281 - We understand that doctrine to be that to enable a stockholder in a corporation to sustain in a court of equity in his own name, a suit founded on a right of action existing in the corporation itself, and in which the corporation itself is the appropriate plaintiff...
Side 18 - Contributory negligence, in its legal signification, is such an act or omission on the part of a plaintiff, amounting to a want of ordinary care, as, concurring or cooperating with the negligent act of the defendant, is a proximate cause or occasion of the injury complained of.
Side 213 - The rule of construction in this class of cases is that it shall be most strongly against the corporation. Every reasonable doubt is to be resolved adversely. Nothing is to be taken as conceded but what is given in unmistakable terms or by an implication equally clear. The affirmative must be shown. Silence is negation, and doubt is fatal to the claim. This doctrine is vital to the public welfare. It is axiomatic in the jurisprudence of this court.
Side 281 - But in addition to the existence of grievances which call for this kind of relief, it is equally important that before the shareholder is permitted in his own name to institute and conduct a litigation which usually belongs to the corporation, he should show to the satisfaction of the court that he has exhausted all the means within his reach to obtain, within the corporation itself, the redress of his grievances, or action in conformity to his wishes.
Side 95 - If the plaintiff by ordinary care could have avoided the consequences to himself caused by the defendant's negligence, he is not entitled to recover.