Ruling Case Law: As Developed and Established by the Decisions and Annotations Contained in Lawyers Reports Annotated, American Decisions, American Reports, American State Reports, American and English Annotated Cases, American Annotated Cases, English Ruling Cases, British Ruling Cases, United States Supreme Court Reports, and Other Series of Selected Cases, Volum 9William Mark McKinney Edward Thompson Company, 1915 |
Innhold
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Vanlige uttrykk og setninger
action adultery adverse possession agreement alimony alleged ancestor annulment appeal apply authority bill cause claim common law complainant Conn constitute contract court courts of equity cruelty custody death debts decree of divorce deed defendant descent desertion detinue dismissal divorce domicil dominant estate dower duress easement effect ejectment entitled equity estoppel evidence fact fraud Galusha grant ground for divorce heir held husband and wife infra inheritance intention interest intestate jurisdiction land liability marriage Mass ment Minn municipality N. J. Eq nonsuit Note Ohio St owner Paige N. Y. parties person plaintiff possession proceedings purchaser purpose question reason residence rule seisin separation servient sewer Smith spouse statute statutory subsequent sufficient suit supra Tenn tion valid wife's
Populære avsnitt
Side 338 - Mere austerity of temper, petulance of manners, rudeness of language, a want of civil attention and accommodation, even occasional sallies of passion, if they do not threaten bodily harm, do not amount to legal cruelty; they are high moral offences in the marriage state undoubtedly, not innocent surely in any state of life, but still they are not that cruelty against which the law can relieve.
Side 707 - Duress, in its more extended sense, means that degree of constraint or danger, either actually inflicted or threatened and impending, which is sufficient, in severity or in apprehension, to overcome the mind and will of a person of ordinary firmness.* Opinion of the court.
Side 249 - Other contracts may be modified, restricted, or enlarged, or entirely released upon the consent of the parties. Not so with marriage. The relation once formed, the law steps in and holds the parties to various obligations and liabilities. It is an institution, in the maintenance of which in its purity the public is deeply interested, for it is the foundation of the family and of society, without which there would be neither civilization nor progress.
Side 407 - The State, for example, has absolute right to prescribe the conditions upon which the marriage relation between its own citizens shall be created, and the causes for which it may be dissolved. One of the parties guilty of acts for which, by the law of the State, a dissolution may be granted, may have removed to a State where no dissolution is permitted. The complaining party would, therefore, fail if a divorce were sought in the State of the defendant ; and if application could not be made to the...
Side 440 - If either party to an action dies, after an accepted offer to allow judgment to be taken, or after a verdict, report, or decision, or an interlocutory judgment, but before final judgment is entered, the court must enter final judgment, in the names of the original parties ; unless the offer, verdict, report, or decision, or the interlocutory judgment, is set aside.
Side 18 - ... ancestor of such person, nor any of her descendants, shall be capable of inheriting until all his male maternal ancestors and their descendants shall have failed.
Side 881 - The court may determine any controversy between the parties before it, when it can be done without prejudice to the rights of others, or by saving their rights, but when a complete determination of the controversy cannot be had without the presence of other parties, the court must cause them to be brought in.
Side 716 - It has sometimes been held that threats of imprisonment, to constitute duress, must be of unlawful imprisonment. But the question is, whether the threat is of imprisonment which will be unlawful in reference to the conduct of the threatener who is seeking to obtain a contract by his threat. Imprisonment that is suffered through the execution of a threat which was made for the purpose of forcing a guilty person to enter into a contract may be lawful as against the authorities and the public, but unlawful...
Side 337 - What merely wounds the mental feelings is in few cases to be admitted where they are not accompanied with bodily injury, either actual or menaced. Mere austerity of temper, petulance of manners, rudeness of language, a want of civil attention and accommodation, even occasional sallies of passion, if they do not threaten bodily harm, do not amount to legal cruelty...
Side 23 - Consanguinity, or kindred, is defined by the writers on these subjects to be 'vinculum personarum ab eodem stipite descendentium' ; the connection or relation of persons descended from the same stock or common ancestor. This consanguinity is either lineal, or collateral. "Lineal consanguinity is that which subsists between persons, of whom one is descended in a direct line from the other...