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 82
Page 18
... appellant . R. D. Evans , for the respondent . PINNEY , J. 1. The receipt set out in evidence given by the bank to Lucretia Austin for the four bonds and two hun- dred and twenty - one dollars in coupons , the former to be sold and the ...
... appellant . R. D. Evans , for the respondent . PINNEY , J. 1. The receipt set out in evidence given by the bank to Lucretia Austin for the four bonds and two hun- dred and twenty - one dollars in coupons , the former to be sold and the ...
Page 68
... appellant . E. Merton and T. E. Ryan , for the respondent . PINNEY , J. The judgment in the former case of Stewart v . Stewart , 50 Wis . 445 , which was put in evidence by the plain- tiff , is conclusive upon the title to the tract of ...
... appellant . E. Merton and T. E. Ryan , for the respondent . PINNEY , J. The judgment in the former case of Stewart v . Stewart , 50 Wis . 445 , which was put in evidence by the plain- tiff , is conclusive upon the title to the tract of ...
Page 78
... appellant . J. E. Wildish , for the respondent . PINNEY , J. The effect of the transaction between the plain- tiff , Fowle , and Mansfield was to make them tenants in com- mon of the oats , and by consent of all the parties they were ...
... appellant . J. E. Wildish , for the respondent . PINNEY , J. The effect of the transaction between the plain- tiff , Fowle , and Mansfield was to make them tenants in com- mon of the oats , and by consent of all the parties they were ...
Page 86
... appellant . Turner and Turner , for the appellee . BATTLE , J. The defendants in the cross - complaint having failed to controvert the allegations therein the same should have been taken as true . The circuit court properly treated them ...
... appellant . Turner and Turner , for the appellee . BATTLE , J. The defendants in the cross - complaint having failed to controvert the allegations therein the same should have been taken as true . The circuit court properly treated them ...
Page 89
... appellant , and was in debt to him when the lots in controversy were conveyed to his son . In this way he continued to do busi- ness with him until he became a partner of Neal . In 1871 , a short time after the execution of the deed in ...
... appellant , and was in debt to him when the lots in controversy were conveyed to his son . In this way he continued to do busi- ness with him until he became a partner of Neal . In 1871 , a short time after the execution of the deed in ...
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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 Iowa issue judgment jurisdiction jury land legislative legislature Lehigh Valley Railroad liable lien matter mechanic's lien ment Missouri mortgage municipal naphtha officer owner paid parties payment person plaintiff possession proceedings purchase purpose question R. R. Co reason received recover replevin rule statute subrogated suit testator thereof tion trial trust ultra vires valid verdict void wife writ
Popular passages
Page 275 - ... 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 340 - ... 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 591 - ... 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 594 - ... 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 185 - 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 defendants, that the accident arose from want of care.
Page 272 - 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 45 - Judicial power, as contradistinguished from the power of the laws, has no existence. 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 135 - An employer is not bound to indemnify his employee for losses suffered by the latter in consequence of the ordinary risks of the business in which he is employed, nor in consequence of the negligence of another person employed by the same employer in the same general business...
Page 194 - All property, both real and personal, of the wife, owned or claimed by her before marriage, and that acquired afterward by gift, devise or descent, shall be her separate property; and laws shall be passed more clearly defining the rights of the wife in relation as well to her separate property as that held in common with her husband. Laws shall also be passed providing for the registration of the wife's separate property.
Page 594 - ... and by these presents doth grant, bargain, sell, remise, release enfeoff and confirm unto the said party of the second part, and to his heirs and assigns, forever...