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 73
Abraham Clark Freeman
Bancroft-Whitney Company, 1900
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action adverse possession alleged amount appellant applied authority Bank beneficiaries bill cause cause of action charge claim Clay county Code constitution contract conveyance corporation court court of equity creditors damages death debt debtor deceased declared decree deed defendant defendant's dividends dollars entitled equity error evidence execution executor fact fraud fraudulent gift held homestead husband indictment injury intent interest issued judge judgment judgment debtor jurisdiction jury land levied liability lien marriage ment mortgage N. J. Eq negligence oleomargarine owner paid parties payment person plaintiff plaintiff in error possession preferred stock premises principle purchase purpose question R. R. Co reason recover rendered replevin rule rule against perpetuities stare decisis statute stockholders suit testator testimony thereof tion trial trust valid verdict vested void wife witness writ
Page 223 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts, when entered into freely and voluntarily, shall be held sacred, and shall be enforced by courts of justice.
Page 782 - 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 212 - We think it is a settled principle, growing out of the nature of well-ordered civil society, that every holder of property, however absolute and unqualified may be his title, holds it under the implied liability that his use of it may be so regulated, that it shall not be injurious to the equal enjoyment of others having an equal right to the enjoyment of their property, nor injurious to the rights of the community.
Page 767 - Insurance is a contract whereby one undertakes to indemnify another against loss, damage, or liability, arising from an unknown or contingent event. ARTICLE II. What may be Insured. SEC. 2531. Any contingent or unknown event...
Page 518 - ... to answer concerning the same; and such proceedings may thereupon be had for the application of the property of the judgment debtor...
Page 766 - A crime or public offense is an act committed or omitted in violation of a law forbidding or commanding it, and to which is annexed, upon conviction, either of the following punishments: 1. Death; 2. Imprisonment; 3. Fine: 4. Removal from office; or, 5. Disqualification to hold and enjoy any office of honor, trust, or profit in this state.
Page 706 - Now if there be no lawful cause to obstruct the said marriage then the above obligation to be void, else to remain in full force and virtue.
Page 209 - That must always rest upon some difference which bears a reasonable and just relation to the act in respect to which the classification is proposed, and can never be made arbitrarily and without any such basis.
Page 917 - In prosecutions for the publication of papers investigating the official conduct of officers, or men in a public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence. And, in all indictments for libels, the jury shall have a right to determine the law and the facts under the direction of the court as in other cases.