Andre utgaver - Vis alle
The Southern Law Review: And Chart of the Southern Law and ..., Volum 3
Uten tilgangsbegrensning - 1877
The Southern Law Review: And Chart of the Southern Law and ..., Volum 1
Uten tilgangsbegrensning - 1872
The Southern Law Review: And Chart of the Southern Law and ..., Volum 2
Uten tilgangsbegrensning - 1873
action administrator agent allowed amount appear applied assignment attachment authority Bank bill bonds cause charge claim common Constitution Continued contract corporation court creditors damages debts decision deed defendant delivered Dist duty effect entitled equity evidence execution existence fact Federal fraud fraudulent give given ground held holding husband interest issue judge judgment July jurisdiction jury land liability lien limited March matter means mortgage necessary notice owner paid party passed payment person plaintiff possession practice present principle proceedings purchaser question railroad real estate reason receiver record recover reported rule sect sell separate sold statute subsequent sufficient suit Supreme Court Texas tion transfer trial United unless valid void wife
Side 215 - 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 938 - 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 494 - 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 877 - ... 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 877 - 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 168 - 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 922 - 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 381 - 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 393 - 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 673 - 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.