The American State Reports: Containing the Cases of General Value and Authority Subsequent to Those Contained in the "American Decisions" [1760-1869] and the "American Reports" [1869-1887] Decided in the Courts of Last Resort of the Several States [1886-1911], Volume 35Abraham Clark Freeman Bancroft-Whitney Company, 1894 - Law reports, digests, etc |
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Results 1-5 of 78
Page 18
... duty of the bank in the prem- ises , and was the sole evidence which Mrs. Austin had to establish her right to the fund produced by the sale of the The bank , upon bonds and collection of the coupons 18 CROOK v . FIRST NAT . BANK OF ...
... duty of the bank in the prem- ises , and was the sole evidence which Mrs. Austin had to establish her right to the fund produced by the sale of the The bank , upon bonds and collection of the coupons 18 CROOK v . FIRST NAT . BANK OF ...
Page 35
... duties is one of discretion , and not of law ; and the court will ignore it when the attorney - general refuses to appear to complain of alleged omissions of duty by public officers " : Sec . 229. It is there further said , that " the ...
... duties is one of discretion , and not of law ; and the court will ignore it when the attorney - general refuses to appear to complain of alleged omissions of duty by public officers " : Sec . 229. It is there further said , that " the ...
Page 42
... duties , and compensation of the treasurer and attorney - general shall be prescribed by law " : Sec . 3 , art . 6. The statute provides that it shall be his duty to appear for the state , and prosecute or defend all actions and ...
... duties , and compensation of the treasurer and attorney - general shall be prescribed by law " : Sec . 3 , art . 6. The statute provides that it shall be his duty to appear for the state , and prosecute or defend all actions and ...
Page 44
... duty of deliver- ing such commission might be enforced in the inferior court ; and the same principle has since been repeatedly sanctioned by the same court : Marbury v . Madison , 1 Cranch , 137 . Counsel for the defendant cites that ...
... duty of deliver- ing such commission might be enforced in the inferior court ; and the same principle has since been repeatedly sanctioned by the same court : Marbury v . Madison , 1 Cranch , 137 . Counsel for the defendant cites that ...
Page 45
... duty of the court to follow it . Judi- cial power is never exercised for the purpose of giving effect to the will of the judge ; always for the purpose of giving effect to the will of the legislature ; or , in other words , to the will ...
... duty of the court to follow it . Judi- cial power is never exercised for the purpose of giving effect to the will of the judge ; always for the purpose of giving effect to the will of the legislature ; or , in other words , to the will ...
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Common terms and phrases
action adverse possession agreement alleged amount appellant appellee applied arrest assignment attorney-general authority bank benefit bill cause charge chose in action cited claim constitution contract convey conveyance corporation cotenant court court of equity creditors damages debt debtor deceased declared deed deed of trust defendant defendant's district dollars duty enforce entitled equity evidence execution extended note fact franchises fraud grant grantor heirs held homestead husband indorsement injury insolvent intention interest issue judgment jurisdiction jury justice land legislative legislature Lehigh Valley Railroad liable lien matter mechanic's lien ment Missouri mortgage municipal naphtha nolle prosequi officer opinion owner paid parties payment person plaintiff possession proceedings purchase purpose question R. R. Co reason received recover rule statute subrogated suit testator thereof tion trial trust ultra vires valid verdict void wife writ
Popular passages
Page 185 - The court said there must be reasonable evidence of negligence; but where the thing is .shown to be under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 277 - ... upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect...
Page 342 - ... the loss shall not become payable until sixty days after the notice, ascertainment, estimate, and satisfactory proof of the loss herein required have been received by this company, including an award by appraisers when appraisal has been required.
Page 595 - ... giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as I might or could do if personally present...
Page 598 - ... to have and to hold to the said party of the second part, his heirs and assigns, to the sole and only proper use, benefit, and behoof of the said party of the second part, his heirs and assigns forever.
Page 274 - The homestead is subject to execution or forced sale in satisfaction of judgments obtained: 1. Before the declaration of homestead was filed for record, and which constitute liens upon the premises.
Page 278 - ... his attorney, stating that to the best of his knowledge and belief the items are correct and that the disbursements have been necessarily incurred in the action or proceeding.
Page 45 - Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course prescribed by law ; and when that is discerned, it is the duty of the court to follow it.
Page 166 - An easement is a privilege without profit, which the owner of one tenement has a right to enjoy in respect of that tenement, in or over the tenement of another person, by reason whereof the latter is obliged to suffer or refrain from doing something on his own tenement for the advantage of the former.
Page 542 - The primary cause may be the proximate cause of a disaster, though it may operate through successive instruments, as an article at the end of a chain may be moved by a force applied to the other end, that force being the proximate cause of the movement, or as in the oft-cited case of the squib thrown in the market place.