The Southeastern Reporter, Volume 47West Publishing Company, 1904 - Law reports, digests, etc |
From inside the book
Results 1-5 of 99
Page 12
... says : " We think the motion to annul the judgment of the last term and reinstate the case cannot be granted . The suit is a common - law ac- tion for a trespass on real property , and the judgment of the court below can be brought here ...
... says : " We think the motion to annul the judgment of the last term and reinstate the case cannot be granted . The suit is a common - law ac- tion for a trespass on real property , and the judgment of the court below can be brought here ...
Page 13
... says : " These , it is true , are mere mis- takes in form ; they are clerical errors only ; but I have searched in vain for any author- ity in this court to amend , or order amend- ment below , after a writ of error in a crim- Inal case ...
... says : " These , it is true , are mere mis- takes in form ; they are clerical errors only ; but I have searched in vain for any author- ity in this court to amend , or order amend- ment below , after a writ of error in a crim- Inal case ...
Page 14
... say , but there are some parts of the opinion of the court on which . I will briefly comment . The court says : " We are not asked to re- verse our judgment , but to correct an error of fact . " I do not so understand it . In the first ...
... say , but there are some parts of the opinion of the court on which . I will briefly comment . The court says : " We are not asked to re- verse our judgment , but to correct an error of fact . " I do not so understand it . In the first ...
Page 26
... says : " The most reasonable rule seems to be that the right of disaffirmance should be exercised within a reasonable time after the infant attains his majority , or else his neglect to avail him- self of this privilege should be deemed ...
... says : " The most reasonable rule seems to be that the right of disaffirmance should be exercised within a reasonable time after the infant attains his majority , or else his neglect to avail him- self of this privilege should be deemed ...
Page 36
... says the court , " the promise is in words to pay the debt of anoth- er , and the performance of it discharges that debt , still the consideration was not for the benefit or ease of the original debtor , but for a purpose entirely ...
... says the court , " the promise is in words to pay the debt of anoth- er , and the performance of it discharges that debt , still the consideration was not for the benefit or ease of the original debtor , but for a purpose entirely ...
Other editions - View all
Common terms and phrases
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...