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], Том 127Abraham Clark Freeman Bancroft-Whitney Company, 1909 |
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action affidavit affirmed agreement alleged appellant appellee applied attorney authority bill cause charge circuit court claim Cole county common law complainant contract conveyance conveyed corporation counsel court of equity covenant damages deceased declaration decree deed defendant defendant's dollars duty employé enforce entitled equity error evidence execution executors fact favor fee simple granted Grimestad held husband indorsement injury interest judgment jurisdiction jury land lease liability lien mechanic's lien ment Minn mortgage N. J. Eq N. Y. Supp negligence Nipe Bay notice paid parties payment person plaintiff plaintiff in error pleadings possession premises proceedings question reason recover resulting trust riparian owner rule Seth Johnson statute of frauds street suit telegraph telephone testified testimony thereof tion trial trust vendee vendor verdict void Western Union wife
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Страница 188 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result...
Страница 735 - That no law shall be passed impairing the freedom of speech ; that every person shall be free to speak, write or publish whatever he will on any subject, being responsible for all abuse of that liberty ; and that in all suits and prosecutions for libel, the truth thereof may be given in evidence, and the jury, under the direction of the court, shall determine the law and the fact.
Страница 174 - ... such as may fairly and reasonably be considered either arising naturally — ie, according to the usual course of things, from such breach of contract itself — or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Страница 421 - The court must, in every stage of an action, disregard any error or defect, in the pleadings or proceedings, which does not affect the substantial rights of the adverse party; and no judgment can be reversed or affected by reason of such error or defect.
Страница 135 - It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Страница 332 - To do all acts and make all regulations which may be necessary or expedient for the promotion of health or the suppression of disease.
Страница 733 - Without attempting to review and reconcile all the cases, we are of opinion that as a general description, though perhaps not a precise and accurate definition, a conspiracy must be a combination of two or more persons by some concerted action, to accomplish some criminal or unlawful purpose or to accomplish some purpose not in itself criminal or unlawful, by criminal or unlawful means.
Страница 236 - The master, in the case supposed, is not exempt from liability because the servant has better means of providing for his safety when he is employed in immediate connection with those from whose negligence he might suffer, but because the implied contract of the master does not extend to indemnify the servant against the negligence of any one but himself...
Страница 230 - A sentence of a court pronounced against a party without hearing him, or giving him an opportunity to be heard, is not a judicial determination of his rights, and is not entitled to respect in any other tribunal.
Страница 627 - In witness whereof, the said party of the first part has hereunto set his hand and seal the day and year first above written.