Lawyers' Reports Annotated, Bok 21Lawyers' Co-operative Publishing Company, 1909 |
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Side 15
... fact that a principal has been convicted only of manslaughter in a prosecution for murder , preclude the state from prosecuting another as accessory to murder before the fact . State v . Burbage , 51 S. C. 284 , 29 S. E. 937 . And a ...
... fact that a principal has been convicted only of manslaughter in a prosecution for murder , preclude the state from prosecuting another as accessory to murder before the fact . State v . Burbage , 51 S. C. 284 , 29 S. E. 937 . And a ...
Side 19
... fact or comment thereon , but shall declare the law , and a statutory pro- vision that , if the defendant plead guilty to a charge of murder , a jury shall be im- paneled to hear the testimony and deter- mine the degree of the murder ...
... fact or comment thereon , but shall declare the law , and a statutory pro- vision that , if the defendant plead guilty to a charge of murder , a jury shall be im- paneled to hear the testimony and deter- mine the degree of the murder ...
Side 36
... fact that plaintiff had been discharged for incom- petency , and to have said nothing more . It remains as a fact that , had the contents of the letter been alleged in an answer in a suit , while useless , it would not have been ...
... fact that plaintiff had been discharged for incom- petency , and to have said nothing more . It remains as a fact that , had the contents of the letter been alleged in an answer in a suit , while useless , it would not have been ...
Side 45
... fact , and not a conclusion of law , and a general allegation of negligence is sufficient ; " and , again , “ a general allega- tion of negligence in the particular act com- plained of , resulting in damages , is good , at least , in ...
... fact , and not a conclusion of law , and a general allegation of negligence is sufficient ; " and , again , “ a general allega- tion of negligence in the particular act com- plained of , resulting in damages , is good , at least , in ...
Side 47
... fact from which such a violation to have resulted from a defective sidewalk , of duty can be inferred , is defective in fail- ing to set out either the character of the stones complained of , or the manner in which if it was the manner ...
... fact from which such a violation to have resulted from a defective sidewalk , of duty can be inferred , is defective in fail- ing to set out either the character of the stones complained of , or the manner in which if it was the manner ...
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Vanlige uttrykk og setninger
affirmed alleged amount appellant appellee assumption of risk authority Bank building cause of action charge claim common carrier complainant constitutional contract contributory negligence conveyance conviction corporation court of equity covenants damages debt defect defendant defendant's degree demurrer duty eminent domain employees entitled evidence ex rel exempt fact failure fendant fire fraud grant grantor guilty held indictment injury Iowa judgment jury land last clear chance liable license lien manslaughter Mass ment Minn mortgage murder N. Y. Supp offense ordinance owner party payment person plaintiff plaintiff in error possession premises prosecution purchase money purpose question railroad reason recover rendered risk Rolley rule seisin statute street supra sustained thereof tion trial vendee vendor verdict warranty deed
Populære avsnitt
Side 215 - Great constitutional provisions must be administered with caution. Some play must be allowed for the joints of the machine, and it must be remembered that legislatures are ultimate guardians of the liberties and welfare of the people in quite as great a degree as the courts.
Side 230 - Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default, is such as would, if death had not ensued, have entitled the party injured to maintain an action...
Side 216 - The question in each case is whether the legislature has adopted the statute in exercise of a reasonable discretion, or whether its action be a mere excuse for an unjust discrimination, or the oppression, or spoliation of a particular class.
Side 222 - If any person, under promise of marriage, seduce and have 8aa illicit connection with any unmarried female of previous chaste character .... he shall be guilty of a felony, and, upon conviction thereof, shall be punished by confinement in the penitentiary not less than two, nor more than ten years.
Side 172 - While the jury are kept together, either during the progress of the trial or after their retirement for deliberation, they must be provided by the sheriff...
Side 88 - This company shall not be liable for- loss caused directly or indirectly by invasion, insurrection, riot, civil war or commotion, or military or usurped power, or by order of any civil authority; or by theft; or by neglect of the insured to use all reasonable means to save and preserve the property at and after a fire or when the property is endangered by fire in neighboring premises; or (unless fire ensues, and, in that event, for the damage by fire only) by explosion of any kind...
Side 63 - ... Whenever, by priority of possession, rights to the use of water for mining, agricultural, manufacturing, or other purposes, have vested and accrued, and the same are recognized and acknowledged by the local customs, laws, and the decisions of Courts, the possessors and owners of such vested rights shall be maintained and protected in the same; and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed...
Side 389 - This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if the insured now has or shall hereafter make or procure any other contract of insurance, whether valid or not, on property covered in whole or in part by this policy...
Side 223 - Where there is no ambiguity in the words, there is no room for construction. The case must be a strong one indeed, which would justify a Court in departing from the plain meaning of words, especially in a penal act, in search of an intention which the words themselves did not suggest.
Side 228 - In a civil court the death of a human being could not be complained of as an injury, and in this case the damages as to the plaintiff's wife must stop with the period of her existence.