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 39Abraham Clark Freeman Bancroft-Whitney Company, 1894 |
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Common terms and phrases
adoption adverse possession affirmed agent agreement alleged appellant appellee application assignment authority bank cause of action charge child circuit court cited claim common law complaint consideration contract conveyance corporation cotenants court of equity creditors damages debt declared decree deed defendant defendant's dollars dower duty entitled equity error estoppel evidence execution extended note fact fraud granted heirs held husband injury interest Iowa judgment jurisdiction jury land liable lien Mass matter ment metes and bounds Minn mortgage negligence notice owner paid parent parties payment person plaintiff plaintiff in error pleading possession proceedings promise purchase purpose question R. R. Co railroad company reason record recover resulting trust rule setoff statute statute of limitations street sufficient sustained tenant thereof tion trial valid verdict void wife
Popular passages
Page 815 - An attorney cannot, without the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of professional employment...
Page 366 - When the death of one is caused by the wrongful act or omission of another, the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained an action, had he lived, against the latter for an injury for the same act or omission.
Page 747 - That the right of way for the construction of highways over public lands, not reserved for public uses, is hereby granted.
Page 864 - No suit or action on this policy, for the recovery of any claim, shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements nor unless commenced within twelve months next after the fire.
Page 864 - This company shall not be held to have waived any provision or condition of this policy or any forfeiture thereof by any requirement, act or proceeding on its part relating to the appraisal or to any examination herein provided for...
Page 628 - Any agreement, declaration, or course of action on the part of an insurance company which leads a party insured honestly to believe that by conforming thereto a forfeiture of his policy will not be incurred, followed by due conformity on his part, will and ought to estop the company from insisting upon the forfeiture, though it might be claimed under the express letter of the contract.
Page 721 - An express promise, therefore, as it should seem, can only revive a precedent good consideration which might have been enforced at law through the medium of an implied promise had it not been suspended by some positive rule of law, but can give no original right of action if the obligation on which it is founded never could have been enforced at law, though not barred by any legal maxim or statute provision.
Page 668 - ... to enforce any implied or resulting trust as to realty, but within five years after such contract was made or such equity or trust accrued...
Page 817 - He must, in the language of the cases, have sufficient active memory to collect in his mind, without prompting, the particulars or elements of the business to be transacted, and to hold them in his mind a sufficient length of time to perceive at least their obvious relations to each other, and be able to form some rational judgment in relation to them.
Page 115 - A statute of that state declared that " all drummers, and all persons not having a regular licensed house of business in the taxing district, offering for sale or selling goods, wares, or merchandise therein by sample, shall be required to pay to the county trustee the sum of ten dollars per week, or twenty-five dollars per month, for such privilege.