The Southeastern Reporter, Volume 47West Publishing Company, 1904 - Law reports, digests, etc |
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Page 23
... alleged , does not exempt him from specific performance . Stamper v . Stamper and Whit- ted v . Fuquay , supra ; Moore v . Reed , 37 N. C. 580. If , as the defendant admits , he is liable to damages for the difference between the ...
... alleged , does not exempt him from specific performance . Stamper v . Stamper and Whit- ted v . Fuquay , supra ; Moore v . Reed , 37 N. C. 580. If , as the defendant admits , he is liable to damages for the difference between the ...
Page 47
... alleged in his complaint matters sufficient to constitute a cause of action for damages other than the value of the crops . " He thereupon proceeded to adjudge that the plaintiff recover one - half the value of the crop - ascertained to ...
... alleged in his complaint matters sufficient to constitute a cause of action for damages other than the value of the crops . " He thereupon proceeded to adjudge that the plaintiff recover one - half the value of the crop - ascertained to ...
Page 48
... alleged causes . The motion was sustained . As we have seen , the judgment , which is the record , and controls in respect to what is decided , simply states that his honor ruled that the complaint did not allege any damage other than ...
... alleged causes . The motion was sustained . As we have seen , the judgment , which is the record , and controls in respect to what is decided , simply states that his honor ruled that the complaint did not allege any damage other than ...
Page 78
... alleged usurious claim ; yet in a creditors ' suit against a debtor , where creditors not named as parties in a suit ... alleged verbal trust set up after a long lapse of time and the decease of the alleged trustee , this court will not ...
... alleged usurious claim ; yet in a creditors ' suit against a debtor , where creditors not named as parties in a suit ... alleged verbal trust set up after a long lapse of time and the decease of the alleged trustee , this court will not ...
Page 79
... alleged trustee . This case is governed by the principles adjudicated in the case of Troll v . Carter , 15 W. Va . 567 , where it is held that equity will never enforce " a parol trust where a great lapse of time has intervened since ...
... alleged trustee . This case is governed by the principles adjudicated in the case of Troll v . Carter , 15 W. Va . 567 , where it is held that equity will never enforce " a parol trust where a great lapse of time has intervened since ...
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acres affirmed agent agreement alleged amendment amount answer appeal applied assignment authority ballot Bank bill bond brings error cause of action certiorari charge circuit court claim clerk coal Code complaint contract conveyance conveyed court of equity creditors damages debt deceased decree deed defendant's demurrer dence entitled equity evidence exceptions execution fact fendant filed fraud Galford Geisey Georgia granted heirs held injury interest issue Judge judgment jurisdiction jury justice land liable lien mandamus March 29 March 30 ment misjoinder motion North Carolina overruled paid party payment person petition plaintiff in error pleadings purchase question railroad reason record refused Rion rule Sayers says seisin statute suit Superior Court Supreme Court sustained Syllabus term testimony thereof tiff tion tract trial trust usury verdict void West Virginia witness writ
Popular passages
Page 161 - No suit or action on this policy, for the recovery of any claim, shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements nor unless commenced within twelve months next after the fire.
Page 95 - This policy is made and accepted subject to the foregoing stipulations and conditions, together with such other provisions, agreements, or conditions as may be indorsed hereon or added hereto^ and no officer, agent, or other representative of this company shall have power to waive any provision or condition of this policy except such as by the terms of this policy may be the subject of agreement indorsed hereon or added hereto...
Page 408 - Boyd v. United States, 116 US 616, 6 S. Ct. 524, 29 L. Ed. 746, in part as follows: "It may be that it is the obnoxious thing in Its mildest and least repulsive form ; but illegitimate and unconstitutional practices get their first footing in that way, namely, by silent approaches and slight deviations from legal modes of procedure.
Page 406 - In the presence of the court or so near thereto as to interfere directly with the administration of justice...
Page 97 - This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material fact or circumstance concerning this insurance or the subject thereof...
Page 95 - The entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void * * * if the hazard be increased by any means within the control or knowledge of the insured...
Page 97 - ... within sixty days after the fire, unless such time is extended in •writing by this company, shall render a statement to this company, signed and sworn to by said insured, stating the knowledge and belief of the insured as to the time and origin of the fire; the interest of the insured and of all others in the property; the cash value of each item thereof and the amount of loss thereon...
Page 407 - Many links frequently compose that chain of testimony, which is necessary to convict any individual of a crime. It appears to the court to be the true sense of the rule, that no witness is compellable to furnish any one of them against himself. It is certainly not only a possible but a probable case, that a witness, by disclosing a single fact, may complete the testimony against himself; and to every effectual purpose accuse himself as entirely as he would by stating every circumstance which would...
Page 416 - It was for the building of a bridge, which it recites the party of the second part "desires to build across the Allegheny river, and in accordance with specifications and plans * * * heretofore submitted to the party of the first part by the party of the second part.
Page 95 - If fire occur the insured shall give immediate notice of any loss thereby in writing to this company, protect the property from further damage, forthwith separate the damaged and undamaged personal property, put it in the best possible order, make a complete inventory of the same, stating ihe quantity and cost of each article and the amount claimed thereon...