Atlantic Reporter, Volume 99West Publishing Company, 1917 |
From inside the book
Results 16-20 of 100
Page 180
... plain- tiff and Dr. Smith in the spring and summer of 1910 , after her return from the East , the plaintiff has admitted by her sworn allega- tions in the Iowa proceedings . Smith's acts in endeavoring to settle the civil suit which ...
... plain- tiff and Dr. Smith in the spring and summer of 1910 , after her return from the East , the plaintiff has admitted by her sworn allega- tions in the Iowa proceedings . Smith's acts in endeavoring to settle the civil suit which ...
Page 182
... plain- tiff then met this proof by showing a deed from the father . The defendant rebutted by attempting to show that the deed was never delivered with intent that it should pass the title . The real dispute submitted to the jury was ...
... plain- tiff then met this proof by showing a deed from the father . The defendant rebutted by attempting to show that the deed was never delivered with intent that it should pass the title . The real dispute submitted to the jury was ...
Page 184
... plain- tiff was hurt . Mrs. Lydia M. Hoyt , called by the defendant , who operated another corn cutter during all the same time that the plaintiff was operating the machine in ques- tion , both machines being belted to the same shaft ...
... plain- tiff was hurt . Mrs. Lydia M. Hoyt , called by the defendant , who operated another corn cutter during all the same time that the plaintiff was operating the machine in ques- tion , both machines being belted to the same shaft ...
Page 185
... plain- tiff to have been guilty of contributory negli- gence , and that the damages awarded are exces- sive . The former question was submitted to the jury , and it seems to the court to be so dis- tinctly one of fact that the verdict ...
... plain- tiff to have been guilty of contributory negli- gence , and that the damages awarded are exces- sive . The former question was submitted to the jury , and it seems to the court to be so dis- tinctly one of fact that the verdict ...
Page 219
... plain- tiffs ' mill ; that defendant and its servants had negligently dumped into the waters of the creek large quantities of coal dust , slate , sediment , and other dirt from its colliery [ Ed . Note . For other cases , see Witnesses ...
... plain- tiffs ' mill ; that defendant and its servants had negligently dumped into the waters of the creek large quantities of coal dust , slate , sediment , and other dirt from its colliery [ Ed . Note . For other cases , see Witnesses ...
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Common terms and phrases
action affirmed alleged amended APPEAL AND ERROR appellee applied appointment assumpsit authority bill cause Cent certiorari charge claim complainant Conn contract contributory negligence corporation counsel Court of Chancery court of equity damages deceased declaration decree deed defendant defendant's dence election employé entitled equity evidence exceptions executors fact fendant filed held husband injury issue Jersey Jersey City judgment jurisdiction jury Justice land liability lien lumber MASTER AND SERVANT matter ment mortgage motion MUNICIPAL CORPORATIONS municipality N. J. Eq N. J. Law N. J. Sup negligence Newark nonsuit Note Note.-For opinion owner parties payment person petition plain plaintiff proceedings question railroad reason received recover replevin rule statement statute Streator street suit Supreme Court testator testimony thereof tiff tion town trial judge trust verdict wife witness writ
Popular passages
Page 216 - A person has no property, no vested interest, in any rule of the common law. That is only one of the forms of municipal law, and is no more sacred than any other. Rights of property which have been created by the common law cannot be taken away without due process ; but the law itself, as a rule of conduct, may be changed at the will, or even at the whim, of the legislature, unless prevented by constitutional limitations. Indeed, the great office of statutes is to remedy defects in the common law...
Page 65 - Municipal and other corporations and individuals invested with the privilege of taking private property for public use, shall make just compensation for property taken, injured, or destroyed by the construction or enlargement of their works, highways, or improvements, which compensation shall be paid or secured before such taking, injury, or destruction.
Page 122 - ... a body corporate and politic, in fact and in name, by the name of "The Society of the Lying-in Hospital of the City of New York...
Page 104 - ... in the absence of fraud in the transaction the judgment of the directors as to the value of the property purchased shall be conclusive...
Page 341 - It is but a decent respect due to the wisdom, the integrity, and the patriotism of the legislative body, by which any law is passed, to presume in favor of its validity, until its violation of the constitution is proved beyond all reasonable doubt.
Page 307 - July 1, 1898, which provides that "a discharge in bankruptcy shall release a bankrupt from all his provable debts...
Page 423 - While the presumption is, where one has made a will, that he did not intend to die intestate as to any part of his property...
Page 255 - ... action shall survive to the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants, the writ or action shall not be thereby abated: but such death being suggested upon the record, the action shall proceed at the suit of the surviving plaintiff or plaintiffs against the surviving defendant or defendants.
Page 7 - 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 202 - That, in order to give effect to the will of the people as expressed by their elected representatives, it is necessary that the power of the other House to alter or reject bills passed by this House should be so restricted by Law as to secure that within the limits of a single Parliament the final decision of the Commons shall prevail.