The American Decisions: Containing All the Cases of General Value and Authority Decided in the Courts of the Several States, from the Earliest Issue of the State Reports to the Year 1869, Volumen55Bancroft-Whitney, 1886 |
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Otras ediciones - Ver todas
The American Decisions: Containing All the Cases of General Value ..., Volumen83 Vista completa - 1887 |
The American Decisions: Containing All the Cases of General Value ..., Volumen37 Vista completa - 1886 |
The American Decisions: Containing All the Cases of General Value ..., Volumen62 Vista completa - 1886 |
Términos y frases comunes
action admitted agent agreed agreement alleged amount appear applied assigned attachment authority Bank benefit bill bond brought cause charge cited claim codicil common consideration constitution contract court creditors damages debt decision deed defendant delivered direct discharge dollars effect equity error evidence execution exist express facts fraud give given ground held hold injury instructions intention interest Johns judge judgment jurisdiction jury justice land latter liable limited ment mortgage nature necessary negligence notice objection officer opinion owner paid parties pass payment person plaintiff possession present principal prove purchaser question railroad reason received record recover reference refused relation rendered road rule Smith sold statute sufficient suit taken tion trial trust unless valid verdict void wife witness York
Pasajes populares
Página 763 - The Legislature shall have power to protect by law from forced sale, a certain portion of the property of all heads of families. The homestead of a family not to exceed two hundred acres of land, (not included in a town or city,) or any town or city lot or lots...
Página 570 - From the variety of cases relative to judgments being given in evidence in civil suits these two deductions seem to follow as generally true: First, that the judgment of a court of concurrent jurisdiction directly upon the point is as a plea a bar, or as evidence, conclusive between the same parties upon the same matter directly in question in another court...
Página 202 - Where the commodity is sent in such a way and to such a place as to exhibit an apparent purpose of sale, the principal will be bound, and the purchaser safe.
Página 570 - But neither the judgment of a concurrent or exclusive jurisdiction is evidence, of any matter which came collaterally in question, though within their jurisdiction ; nor of any matter incidentally cognizable ; nor of any matter to be inferred by argument from the judgment.
Página 377 - Every contract for the sale of any goods, chattels, or things in action, for the price of fifty dollars or more, shall be void, unless — 1. A note or memorandum of such contract be made in writing, and be subscribed by the parties to be charged thereby ; or, 2.
Página 746 - June all Declarations or Creations of Trusts or Confidences of any Lands, Tenements or Hereditaments, shall be manifested and proved by some Writing signed by the Party who is by Law enabled to declare such Trust, or by his last Will in Writing, or else they shall be utterly void and of none Effect.
Página 529 - ... declare that she did voluntarily, and of her own free will and accord, seal, and as her act and deed deliver the said deed or conveyance, without any coercion, or compulsion of her said husband...
Página 515 - East, 60, that, although there may have been negligence on the part of the plaintiff, yet unless he might, by the exercise of ordinary care, have avoided the consequences of the defendant's negligence, he is entitled to recover ; if by ordinary care he might have avoided them, he is the author of his own wrong.
Página 463 - The line which separates error in judgment, from the usurpation of power, is very definite ; and is precisely that which denotes the cases where a judgment or decree is reversible only by an appellate court, or may be declared a nullity collaterally, when it is offered in evidence in an action concerning the matter adjudicated, or purporting to have been so. In the one case it is a record importing absolute verity, in the other, mere waste paper.
Página 284 - It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments, and in contracting debt by such municipal corporations.