The Southern Law Review, Volume 6Soule, Thomas & Wentworth, 1881 |
From inside the book
Results 1-5 of 82
Page 8
... officer of justice in the execution of his duty . Whether ( c ) is too broadly stated or not is a question open to doubt , but Sir Michael Foster , perhaps the highest authority on the subject 8 RECENT ENGLISH CODIFICATION .
... officer of justice in the execution of his duty . Whether ( c ) is too broadly stated or not is a question open to doubt , but Sir Michael Foster , perhaps the highest authority on the subject 8 RECENT ENGLISH CODIFICATION .
Page 38
... execution of its statutory powers as to condemn land to build part of its line , will be compelled by mandamus to complete it unless it shows that it has become impossible for it to do so ; and if after such a railway has been built the ...
... execution of its statutory powers as to condemn land to build part of its line , will be compelled by mandamus to complete it unless it shows that it has become impossible for it to do so ; and if after such a railway has been built the ...
Page 49
... executed by himself and wife to a trustee for her separate use . The question was as to whether the knowledge of the execution of this deed , possessed by the president , was to be imputed to the company . court said : The " It was ...
... executed by himself and wife to a trustee for her separate use . The question was as to whether the knowledge of the execution of this deed , possessed by the president , was to be imputed to the company . court said : The " It was ...
Page 102
... execution of the instrument , if that were disputed . If such an agreement appears by evidence aliunde , the result is the same when the fact is found ; and no further duty can properly be assigned to a jury than to determine the fact ...
... execution of the instrument , if that were disputed . If such an agreement appears by evidence aliunde , the result is the same when the fact is found ; and no further duty can properly be assigned to a jury than to determine the fact ...
Page 103
... execute a so - called mortgage on his stock of goods to B. , ostensibly to secure a debt , but reserving to himself the power to dispose of the goods in the usual course of trade ? We are at once sent back to the fountain - head of the ...
... execute a so - called mortgage on his stock of goods to B. , ostensibly to secure a debt , but reserving to himself the power to dispose of the goods in the usual course of trade ? We are at once sent back to the fountain - head of the ...
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Common terms and phrases
action after-acquired property agent appear application assignment authority Barb bill bonds carrier chattel claim Coast L. J. common carriers common law Constitution contract corporation County court of equity creditors damages debt declared deed defendant directors Dist doctrine duty eminent domain entitled evidence execution fact fraud fraudulent held husband indictment indorsement interest Iowa issue judge judgment jurisdiction jury land liability lien marriage ment mortgage mortgageor municipal municipal corporation N. W. Rep National Bank negligence notice officers owner party payment person plaintiff possession principle purchase question railroad reason received refusal rule sect September 18 statute Statute of Frauds stockholders suit Supreme Court tion trial trustee U. S. Cir U. S. Sup ultra vires United usage usurious valid vendee Western Union wife
Popular passages
Page 743 - In the wars of the European powers, in matters relating to themselves, we have never taken any part, nor does it comport with our policy so to do.
Page 744 - It is still the true policy of the "United States to leave the parties to themselves, in the hope that other powers will pursue the same course.
Page 348 - 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 of the breach of it.
Page 743 - It is impossible that the allied powers should extend their political system to any portion of either continent, without endangering our peace and happiness; nor can anyone believe that our Southern Brethren, if left to themselves, would adopt it of their own accord. It is equally impossible, therefore, that we should behold such interposition, in any form, with indifference.
Page 354 - That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot by any compact deprive or divest their posterity ; namely, the enjoyment of life and liberty, •with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.
Page 338 - It is agreed between the sender of the following message and this company that said company shall not be liable for mistakes or delays in the transmission or delivery, or for non-delivery, of any unrepeated message, whether happening by negligence of its servants or otherwise, beyond the amount received for sending the same...
Page 131 - When any civil suit or criminal prosecution is commenced in any State court, for any cause whatsoever, against any person who is denied or cannot enforce in the judicial tribunals of the State, or in the part of the State where such suit or prosecution is pending, any right secured to him by any law providing for the equal civil rights of citizens of the United States...
Page 490 - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 60 - it extends to the protection of the lives, limbs, health, comfort, and quiet of all persons, and the protection of all property within the State.
Page 620 - that the laws of the several states, except where the Constitution, treaties or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States in cases where they apply.