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 73
Page 82
... execution and a prior statute imposing for the failure to re- turn an execution on or before the return day thereof a penalty of the whole amount of the money in such execution specified , are not so plainly repugnant that one must give ...
... execution and a prior statute imposing for the failure to re- turn an execution on or before the return day thereof a penalty of the whole amount of the money in such execution specified , are not so plainly repugnant that one must give ...
Page 83
... execution " the statute imposes upon a sheriff a penalty equal to the amount of the judgment and costs and ten per cent thereon : Mansfield's Digest , sec . 3964 . For failure to " return any such execution on or before the return day ...
... execution " the statute imposes upon a sheriff a penalty equal to the amount of the judgment and costs and ten per cent thereon : Mansfield's Digest , sec . 3964 . For failure to " return any such execution on or before the return day ...
Page 84
... execution followed it . It was good as to P. R. Cravens . Ad- ding the words " and company " after his name was at most an irregularity , and it afforded no excuse to the officer for refusing or neglecting to return it : Jett v . Shinn ...
... execution followed it . It was good as to P. R. Cravens . Ad- ding the words " and company " after his name was at most an irregularity , and it afforded no excuse to the officer for refusing or neglecting to return it : Jett v . Shinn ...
Page 85
... EXECUTION - EFFECT OF VARIANCE . - A variance between a judgment and an execution does not render the latter void if it is shown to be intended , issued , and enforced as an execution upon the former : Anderson v . Gray , 134 III . 550 ...
... EXECUTION - EFFECT OF VARIANCE . - A variance between a judgment and an execution does not render the latter void if it is shown to be intended , issued , and enforced as an execution upon the former : Anderson v . Gray , 134 III . 550 ...
Page 88
... execution of the conveyance in question George H. Rudy was insolvent ; his liabilities far exceeded his ability to pay . His vocation was farming . He had been engaged in that business for many years previous to the execution of the ...
... execution of the conveyance in question George H. Rudy was insolvent ; his liabilities far exceeded his ability to pay . His vocation was farming . He had been engaged in that business for many years previous to the execution of the ...
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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.