American law reports annotated, Volum 1Lawyers Co-operative Publishing Company, 1919 |
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Side 35
... evidence . The exceptions to the master's report are based upon the proposition that the evidence did not justify the different findings . Counsel in their brief , and during the oral argument , urged that the report of the master and ...
... evidence . The exceptions to the master's report are based upon the proposition that the evidence did not justify the different findings . Counsel in their brief , and during the oral argument , urged that the report of the master and ...
Side 38
Evidence- sworn effect . of swearing to his answer , and thereby have more than the benefit of one witness in his behalf , the sworn answer does not have that effect as to new answer- matter , set up by way of affirmative defense ; nor ...
Evidence- sworn effect . of swearing to his answer , and thereby have more than the benefit of one witness in his behalf , the sworn answer does not have that effect as to new answer- matter , set up by way of affirmative defense ; nor ...
Side 40
... evidence of pleadings , as containing declarations against in- terest , 2 will form the subject of notes in subsequent volumes of this series . Pleadings whose admissibility is urged notwithstanding self - serving declara- tions ...
... evidence of pleadings , as containing declarations against in- terest , 2 will form the subject of notes in subsequent volumes of this series . Pleadings whose admissibility is urged notwithstanding self - serving declara- tions ...
Side 41
... evidence , it being " evidence made by the party who offered it . " And in Turner v . Miller ( 1846 ) 6 Ark . 463 , it is said that the petition in a bill of discovery is not evidence . An answer and cross bill , it is held in Bledsoe v ...
... evidence , it being " evidence made by the party who offered it . " And in Turner v . Miller ( 1846 ) 6 Ark . 463 , it is said that the petition in a bill of discovery is not evidence . An answer and cross bill , it is held in Bledsoe v ...
Side 42
... evidence of the facts contained in it . Carpenter v . Much- more ( 1862 ) 15 ( N. J. ) Eq . 123 . And upon application , in equity , to set aside a sale , the petition verified by the petitioner , affords no evidence in his behalf ...
... evidence of the facts contained in it . Carpenter v . Much- more ( 1862 ) 15 ( N. J. ) Eq . 123 . And upon application , in equity , to set aside a sale , the petition verified by the petitioner , affords no evidence in his behalf ...
Vanlige uttrykk og setninger
action admissible affirmed alleged apex appear appellant appellee apply appointed arrest Asso attorney authority Bank behalf bill charge claim clerk common law complainant contract corporation court of equity creditors damages defendant defendant's dence deputy diem duty entitled equity evidence ex rel execution fact fendant filed fraud garnishee held holding homestead interrogatories Iowa issue judgment jury land lease liable ment Minn misjoinder mortgage N. J. Eq N. Y. Supp negligence per se officer opinion owner P. R. Co party person plaintiff plaintiff in error plea in abatement pleadings purchase question quo warranto responsive rule sheriff stat Statute of Anne Statute of Frauds supra surety swer Tenn testimony thereof tion trial vein warrant witness
Populære avsnitt
Side 422 - It is a maxim, not to be disregarded, that general expressions in every opinion are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit, when the very point is presented for decision.
Side 562 - Every person who has actual notice of circumstances sufficient to put a prudent man upon inquiry as to a particular fact, has constructive notice of the fact itself in all cases in which, by prosecuting such inquiry, he might have learned such fact.— Code amend.— 1873:182.
Side 580 - To guard against transgressions of the high powers herein delegated, we declare that everything in this "Bill of Rights" is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void.
Side 584 - It may be that it is the obnoxious thing in its mildest and least repulsive form; but illegitimate and unconstitutional practices get their first footing in that way, namely, by silent approaches and slight deviations from legal modes of procedure.
Side 163 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Side 499 - ... property, nor by any foreclosure or other proceedings or notice of sale relating to the property nor by any change in the title or ownership of the property, nor by the occupation of the premises for purposes more hazardous than are permitted by this policy ; provided, that in case the mortgagor or the owner shall neglect to pay any premium due under this policy the mortgagee (or trustee) shall, on demand, pay the same.
Side 346 - Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press.
Side 476 - If the age of the insured has been misstated, all amounts payable under this policy shall be such as the premium paid would have purchased at the correct age.
Side 594 - ... speaks not only in the same words, but with the same meaning and intent with which it spoke when it came from the hands of its f ramers, and was voted on and adopted by the people of the United States. Any other rule of construction would abrogate the judicial character of this court, and make it the mere reflex of the popular opinion or passion of the day.
Side 340 - advocat[ing] * * * the duty, necessity, or propriety of crime, sabotage, violence, or unlawful methods of terrorism as a means of accomplishing industrial or political reform...