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The American Decisions: Containing All the Cases of General Value ..., Volum 83
Uten tilgangsbegrensning - 1887
The American Decisions: Containing All the Cases of General Value ..., Volum 37
Uten tilgangsbegrensning - 1886
The American Decisions: Containing All the Cases of General Value ..., Volum 62
Uten tilgangsbegrensning - 1886
admissible adverse adverse possession agent alleged Allen appear appellant appellee assignment authority averment Bank bill bond cause charge citing the principal claim common carriers common law Commonwealth constitution contract conveyance conveyed corporation court court of equity creditor damages debt debtor declaration decree deed defendant entitled equity error estoppel evidence execution facts fraud grant grantor held homestead injury interest Iowa issue judgment judgment debtor jury land levy liability lien ment mortgage negligence notice opinion owner paid party payment perjury person plaintiff plaintiff in error pleaded possession premises purchase question railroad reason recover Regina replevin rule Santa Clara County separate estate Shaddon sheriff sheriff's deed Smith statute statute of frauds statute of limitations sufficient suit sureties thereof tion tract trial trust valid verdict void warranty wife writ
Side 661 - This statute is in derogation of the common law, therefore it is not to be extended by implication or construction. "As a rule of exposition, statutes are to be construed in reference to the principles of the common law ; for it is not to be presumed that the legislature intended to make any innovation upon the common -law, further than the case absolutely required.
Side 63 - ... before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation: " I do solemnly swear (or affirm, as the...
Side 165 - But the rule of law is clear, that, where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time."* In Freeman v.
Side 186 - All deeds of gift, all conveyances, and all transfers or assignments, verbal or written, of goods, chattels or things in action, made in trust for the use of the person making the same, shall be void as against the creditors existing or subsequent of such person.
Side 643 - By the constitution of the United States the president is invested with certain important political powers, in the exercise of which he is to use his own discretion, and is accountable only to his country in his political character, and to his own conscience.
Side 66 - An action for relief on the ground of fraud, the cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud. Within two years : An action upon a contract, obligation, or liability, not founded upon an instrument in writing...
Side 811 - Tf a person kill another in self-defense, it must appear that the danger was so urgent and pressing that in order to save his own life, or to prevent his receiving great bodily harm, the killing of the other was absolutely necessary...
Side 786 - Insurance is a contract upon speculation. The special facts, upon which the contingent chance is to * be computed, lie most commonly in the knowledge of the insured only : the underwriter trusts to his representation, and proceeds upon confidence that he does not keep back any circumstance in his knowledge, to mislead the underwriter into a belief that the circumstance does not exist, and to induce him to estimate the risk as if it did not exist.
Side 89 - Stat. 244, 246, c. 145, it was provided " that all the public lands in the State of California, whether surveyed or unsurveyed, with the exception of sections sixteen and thirty-six, which shall be and hereby are granted to the State for the purposes of public schools...