The American Reports: Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States with Notes and References, Volum 53
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agent alleged appellant appellee applied assignment authority bank bill bill of lading cars cause of action charge cited claimed common law complaint Constitution construction contract corporation counsel court of equity creditors crime damages death debt decision declared deed defendant defendant's demurrer devise doctrine dower duty easement effect entitled evidence executor fact fee simple fraud Grant county granted ground habeas corpus held husband indictment injunction injury intent interest intestate Iowa judge jury La Cygne land legislature liable liquors marriage Mass ment Minn mortgage negligence offense opinion owner party payment Penn person plaintiff in error possession premises principle purchaser purpose question Railroad Company Railway Company reason recover reversed rule Smith statute street Strob suit supra sustained testator thereof tion trespass trial verdict void wife Williams witness words
Side 792 - No person shall be subject to be twice put in jeopardy for the same offense; nor shall he be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty or property without due process of law; nor shall private property be taken for public use, without just compensation.
Side 792 - The granting of a new trial places the parties in the same position as if no trial had been had. All the testimony must be produced anew, and the former verdict cannot be used or referred to, either in evidence or in argument, or be pleaded in bar of any conviction which might have been had under the indictment.
Side 693 - ... and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.
Side 161 - The existing County Courts are continued, and the judges thereof now in office shall hold their offices until the expiration of their respective terms.
Side 219 - The question is well settled at common law, that the person whose land is bounded by a stream of water which changes its course gradually by alluvial formations, shall still hold by the same boundary, including the accumulated soil. No other rule can be applied on just principles. Every proprietor whose land is thus bounded is subject to loss by the same means which may add to his territory; and, as he is without remedy for his loss in this way, he cannot be held accountable for his gain.
Side 580 - ... which the route of its road shall intersect or touch ; but the company shall restore the stream or water-course, street, highway, plank road and turnpike thus intersected or touched, to its former state, or to such state as not unnecessarily to have impaired its usefulness.
Side 366 - Where, also, the declaration, act, or omission forms part of a transaction, which is itself the fact in dispute, or evidence of that fact, such declaration, act, or omission is evidence, as part of the transaction.
Side 162 - The Legislature may, on application of the board of supervisors, provide for the election of local officers, not to exceed two in any county, to discharge the duties of county judge and of surrogate, in cases of their inability or of a vacancy, and in such other cases as may be provided by law, and to exercise such other powers in special cases as are or may be provided by law.
Side 162 - In counties having a population exceeding forty thousand, wherein there is no separate surrogate, the Legislature may provide for the election of a separate officer to be Surrogate whose term of office shall be six years.