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], Volumen91
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action agent alleged allowed amount answer appears appellant applied authority ballot Bank bill bond cause charge cited claim common complaint condition consideration considered constitution contract corporation cotenant court damages defendant determine dollars duty easement effect election entitled error evidence execution exercise existence fact failure follows funds give given ground held hold injury intention interest Iowa issue judge judgment jurisdiction jury justice land liability limitations Mass matter mining mortgage nature necessary negligence opinion owner paid parties payment performance person plaintiff plea possession present principle prove purchase question reason received recover relation rendered respondent rule South statute street sufficient suit sureties taken testimony tion trial void witness
Página 639 - ... (3) have not been duly scheduled in time for proof and allowance, with the name of the creditor if known to the bankrupt, unless such creditor had notice or actual knowledge of the proceedings in bankruptcy; or (4) were created by his fraud, embezzlement, misappropriation, or defalcation while acting as an officer or in any fiduciary capacity.
Página 446 - State during the six months immediately preceding such election, and shall have declared his intention to become a citizen of the United States, conformably to the laws of the United States on the subject of naturalization, shall be entitled to vote in the township or precinct where he may reside.
Página 97 - ... the claim or mine upon which such failure occurred shall be opened to relocation in the same manner as if no location of the same had ever been made...
Página 646 - A conviction or acquittal upon one indictment is no bar to a subsequent conviction and sentence upon another, unless the evidence required to support a conviction upon one of them would have been sufficient to warrant a conviction upon the other.
Página 608 - Whenever the death of a person shall be caused by the wrongful act, neglect, or default of another, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action...
Página 646 - The test is not, whether the defendant has already been tried for the same act, but whether he has been put in jeopardy for the same offense, .A single act may be an offense against two statutes; and if each statute requires proof of an additional fact which the other does not, an acquittal or conviction under either statute does not exempt the defendant from prosecution and punishment under the other.
Página 462 - The general principle in relation to contracts made in one place to be executed in another, is well settled. They are to be governed by the law of the place of performance; and if the interest allowed by the laws of the place of performance...
Página 609 - ... whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Página 450 - There are certain vital principles in our free republican governments, which will determine and overrule an apparent and flagrant abuse of legislative power; as to authorize manifest injustice by positive law, or to take away that security for personal liberty or private property for the protection whereof the government was established.