The Southern Law Review: And Chart of the Southern Law and Collection Union, Volum 7Roberts & Purvis, 1882 |
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Side 14
... recover the proceeds of certain rice consigned to them as factors , for sale , it appeared that the plaintiff's instructions to the defendants were to sell for cash , but that they sold and delivered the rice to another party without ...
... recover the proceeds of certain rice consigned to them as factors , for sale , it appeared that the plaintiff's instructions to the defendants were to sell for cash , but that they sold and delivered the rice to another party without ...
Side 113
... recover , in an action of detinue , possession of a cob or pony included in the bill of sale . " The first thing we have to consider , " said Lindley , J. , speaking for the court , " is the true construction of the bill of sale and the ...
... recover , in an action of detinue , possession of a cob or pony included in the bill of sale . " The first thing we have to consider , " said Lindley , J. , speaking for the court , " is the true construction of the bill of sale and the ...
Side 147
... recover damages for the death of a person , it will at the civil law , and therefore semble that it will in admiralty . A marine tort is one that occurs on any public , navigable water of the United States , whether caused by a wrongful ...
... recover damages for the death of a person , it will at the civil law , and therefore semble that it will in admiralty . A marine tort is one that occurs on any public , navigable water of the United States , whether caused by a wrongful ...
Side 151
... recover . Where , after the death of an assignee in bankruptcy , evidence of the existence of unadministered assets is produced , the court will appoint a new assignee , notwithstanding his right to recover such assets may be doubtful ...
... recover . Where , after the death of an assignee in bankruptcy , evidence of the existence of unadministered assets is produced , the court will appoint a new assignee , notwithstanding his right to recover such assets may be doubtful ...
Side 152
... recover the amount of the new consideration , and the instalments , with interest thereon . -Swan . Robinson , Assignee , U. S. Cir . Ct . Dist . Del . , Rep . , March 16 , 1881 , p . 358 ; Fed . Rep . , February 1 , 1881 , p . 287 ...
... recover the amount of the new consideration , and the instalments , with interest thereon . -Swan . Robinson , Assignee , U. S. Cir . Ct . Dist . Del . , Rep . , March 16 , 1881 , p . 358 ; Fed . Rep . , February 1 , 1881 , p . 287 ...
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Populære avsnitt
Side 213 - that the laws of the several states, except where the Constitution, treaties or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States in cases where they apply.
Side 934 - Field, now a member of this court, that "the interest mentioned in the statute which entitles a person to intervene in a suit between other parties must be in the matter in litigation, and of such a direct and immediate character that the intervenor will either gain or lose by the direct legal operation and effect of the judgment...
Side 490 - And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district.
Side 873 - ... 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 873 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be 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...
Side 166 - That in actions by or against executors, administrators or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the testator, intestate, or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Side 918 - There seems no doubt that where there is a positive contract to do a thing, not in itself unlawful, the contractor must perform it or pay damages for not doing it, although in consequence of unforeseen accidents, the performance of his contract has become unexpectedly burdensome or even impossible.
Side 377 - It was further said that by the general police power of a state 'persons and property are subjected to all kinds of restraints and burdens in order to secure the general comfort, health, and prosperity of the state; of the perfect right of the legislature to do which no question ever was, or upon acknowledged general principles ever can be, made, so far as natural persons are concerned.
Side 389 - The power to regulate navigation is the power to prescribe rules in conformity with which navigation must be carried on. It extends to the persons who conduct it, as well as to the instruments used.
Side 669 - In actions of trespass, where the injury has been wanton and malicious, or gross and outrageous, courts permit juries to add to the measured compensation of the plaintiff which he would have been entitled to recover, had the injury been inflicted without design or intention, something further by way of punishment or example, which has sometimes been called "smart money.