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 100Abraham Clark Freeman Bancroft-Whitney Company, 1905 |
Contents
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Common terms and phrases
accord and satisfaction action agreement alleged amount appellant appellee applied attorney authority bank bond cause charge church cited claim complainant conductor constitution contract contributory negligence corporation cotenants counsel court court of equity creditor damages debt debtor deceased decree deed defendant doctrine dollars duty Elec electric employé entitled error evidence execution fact foreclosure franchise habeas corpus held idem sonans injury Iowa judgment jurisdiction jury land liable lien Mass matter ment metes and bounds monographic note mortgage N. Y. Supp negligence Ohio St owner Pachuta parties passenger payment person plaintiff plaintiff in error purchaser purpose question R. R. Co railroad railway reason rule statute stream street testator testimony thereof ticket tion tort tract trial trust void wire witness
Popular passages
Page 75 - Be it therefore enacted, that 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...
Page 840 - All property shall be taxed according to its value, that value to be ascertained in such manner as the Legislature shall direct, so that taxes shall be equal and uniform throughout the State. No one species of property from which a tax may be collected, shall be taxed higher than any other species of property of the same value...
Page 75 - ... shall be distributed to such widow and next of kin in the proportions provided by law in relation to the distribution of personal property left by persons dying intestate...
Page 35 - A conviction cannot be had upon the testimony of an accomplice unless it be corroborated by such other evidence as shall tend to connect the defendant with the commission of the offense; and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof.
Page 83 - No misrepresentation made in obtaining or securing a policy of insurance on the life or lives of any person or persons, citizens of this State, shall be deemed material, or render the policy void, unless the matter misrepresented shall have actually contributed to the contingency or event on which the policy is to become due and payable, and whether it so contributed in any case, shall be a question for the jury.
Page 626 - ... undoubtedly intended not only that there should be no arbitrary deprivation of life or liberty, or arbitrary spoliation of property, but that equal protection and security should be given to all under like circumstances in the enjoyment of their personal and civil rights...
Page 382 - We do not see how a better test can be applied to the question whether reasonable or not than by considering whether the restraint is such only as to afford a fair protection to the interests of the party in favor of whom it is given, and not so large as to interfere with the interests of the public.
Page 249 - A stock dividend really takes nothing from the property of the corporation, and adds nothing to the interests of the shareholders. Its property is not diminished, and their interests are not increased. . . . The proportional interest of each shareholder remains the same. The only change is in the evidence which represents that interest, the new shares and the original shares together representing the same proportional interest that the original shares represented before the issue of the new ones.
Page 608 - Streams of water are intended for the use and comfort of man; and it would be unreasonable and contrary to the universal sense of mankind to debar every riparian proprietor from the application of the water to domestic, agricultural and manufacturing purposes...
Page 676 - 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; or...