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 107Abraham Clark Freeman Bancroft-Whitney Company, 1906 |
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Common terms and phrases
action admissible affidavit agent agreement alleged appellant appellee application attachment authority Bank cause cause of action charge cited claim common law condition Conn constitute contract corporation court court of equity damages declarations deed defendant defendant's demurrer doctrine dollars duty effect entitled equity error evidence executed fact fee simple fraud garnishee handcar held indorsed injury Iowa issue judgment jury land liable lien ment N. J. Eq N. Y. Supp ne exeat negligence owner party payment person pesthouse plaintiff plaintiff in error possession principle public nuisance purchase purpose question railroad Rankin reason record recover refused respondent rule spendthrift trust statute stockholders street suit testator testimony therein thereof thereto tion trial trust vendee vendor Vernon county void waive witness writ
Popular passages
Page 794 - To justify the State in thus interposing its authority in behalf of the public, it must appear, first, that the interests of the public generally, as distinguished from those of a particular class, require such interference; and, second, that the means are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive upon individuals.
Page 417 - In an action for libel or slander, it shall not be necessary to state in the complaint, any extrinsic facts, for the purpose of showing the application to the plaintiff, of the defamatory matter out of which the cause of action arose ; but it shall be sufficient to state generally, that the same was published or spoken concerning the plaintiff, and if such allegation be controverted, the plaintiff shall be bound to establish, on the trial, that it was so published or spoken.
Page 200 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Page 1027 - The cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
Page 796 - Liberty, in its broad sense, as understood in this country, means the right not only of freedom from actual servitude, imprisonment, or restraint, but the right of one to use his faculties, in all lawful ways, to live and work where he will, to earn his livelihood in any lawful calling, and to pursue any lawful trade or vocation.
Page 802 - The peace of society, and of the families composing society, and of a sound public policy designed to subserve the repose of families and the best interests of society, forbid to the minor child a right to appear in court in the assertion of a claim to civil redress for personal injuries suffered at the hands of the parent.
Page 619 - ... that principle, which gives to the owner of the soil all that lies beneath his surface; that the land immediately below is his property, whether it is solid rock, or porous ground, or venous earth, or part soil, part water; that the person who owns the surface may dig therein, and apply all that is there found to his own purposes at his free will and pleasure; and that if, in the exercise of such right, he intercepts or drains off the water collected from underground springs in his neighbour's...
Page 517 - Such entries are dealt with in that way in the most important undertakings of mercantile and industrial life. They are the ultimate basis of calculation, investment, and general confidence in every business enterprise; nor does the practical impossibility of obtaining constantly and permanently the verification of every employee affect the trust that is given to such books.
Page 1002 - An instrument to be negotiable must conform to the following requirements : — 1. It must be in writing and signed by the maker or drawer ; 2. Must contain an unconditional promise or order to pay a sum certain in money ; 3.
Page 92 - ... if the interest of the insured be other than unconditional and sole ownership...