Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky, 1785-1951, Том 12;Том 75 |
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Страница 10
... contract of lease be and the same is now set aside and held for naught , and that the defendant has forfeited any and all rights under and by virtue of said contract ; " and it was further adjudged that the commissioners of the sinking ...
... contract of lease be and the same is now set aside and held for naught , and that the defendant has forfeited any and all rights under and by virtue of said contract ; " and it was further adjudged that the commissioners of the sinking ...
Страница 15
... contract by which Clark was theretofore bound , and so far as it affected the rights of Graham was equivalent to the execution by Clark of a new note to Rodes . The right of Clark to sue and recover from Graham the usurious interest ...
... contract by which Clark was theretofore bound , and so far as it affected the rights of Graham was equivalent to the execution by Clark of a new note to Rodes . The right of Clark to sue and recover from Graham the usurious interest ...
Страница 16
... contract for the payment of a greater rate of interest than six per cent per annum for the loan or forbearance of money shall be binding in law , unless a memorandum thereof shall be made in writing and signed by the party chargeable ...
... contract for the payment of a greater rate of interest than six per cent per annum for the loan or forbearance of money shall be binding in law , unless a memorandum thereof shall be made in writing and signed by the party chargeable ...
Страница 32
... contract containing a material false statement to his prejudice can not afterward avoid the contract because such statement is false , if he knew it was false when he entered into the con- tract . It may likewise be assumed , without ...
... contract containing a material false statement to his prejudice can not afterward avoid the contract because such statement is false , if he knew it was false when he entered into the con- tract . It may likewise be assumed , without ...
Страница 33
... contract of assurance . His only authority , prior to the issuing of the policy by the company through the agency of its managing officers , was to take and forward the application . The form of that application and the questions ...
... contract of assurance . His only authority , prior to the issuing of the policy by the company through the agency of its managing officers , was to take and forward the application . The form of that application and the questions ...
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action adm'r administrator alleged amount answer appellant appellee appointed assessment authority Bank bond Bush chancellor CHANCERY COURT chap charter Cincinnati Bridge CIRCUIT COURT CITED city of Louisville Civil Code claim clerk Cline Commonwealth constitution contract courts of equity creditors damages Dana debt debtor deed defendant DELIVERED THE OPINION demurrer devised Douglass earnings Elizabethtown enforce entitled equity evidence execution fact filed Harrison County heirs held homestead husband indictment infants interest intestate issue J. J. Mar John Morris judgment jurisdiction jury Kentucky River land legislature liable lien LINDSAY DELIVERED mechanic's lien ment Morris mortgaged property mortgagor Newport & Cincinnati non est factum notice ordinance owner paid party payment person petition plaintiff pleadings possession proceedings purchaser question Railroad Company receiver record recover rendered rents road rule secure statute suit sureties testator thereof tion trustee usury wife
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Страница 325 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Страница 27 - We know of no case, in which a legislative act to transfer the property of A to B, without his consent, has ever been held a constitutional exercise of legislative power in any State in the Union. On the contrary, it has been constantly resisted as inconsistent with just principles, by every judicial tribunal in which it has been attempted to be enforced.
Страница 708 - In an action by a mortgagee for the foreclosure of his mortgage and sale of the mortgaged property, where it appears that the .mortgaged property is in danger of being lost, removed, or materially injured, or that the condition of the mortgage has not been performed, and that the property is probably insufficient to discharge the mortgage debt; 3.
Страница 114 - That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services; which not being descendible, neither ought the offices of Magistrate, Legislator, or Judge, to be hereditary.
Страница 324 - In pleading a judgment or other determination of, or proceeding before a court or officer of special jurisdiction, it is...
Страница 248 - If, without sufficient excuse, the defendant neglects to appear for arraignment or for trial or judgment, or upon any other occasion when his presence in court may be lawfully required, or to surrender himself in execution of the judgment, the court must direct the fact to be entered upon its minutes, and the undertaking of bail, or the money deposited instead of bail, as the case may be, must thereupon be declared forfeited.
Страница 87 - The taking of bail consists in the acceptance, by a competent court or magistrate, of the undertaking of sufficient bail for the appearance of the defendant, according to the terms of the undertaking, or that the bail will pay to the people of this State a specified sum.
Страница 281 - But the point might have been shortly dismissed with this safe declaration, that there is no direct constitutional inhibition upon the States, nor any clause in the Constitution, from which it can be even plausibly inferred that the States may not legislate upon the remedy in suits upon the judgments of other States, exclusive of all interference with their merits.
Страница 245 - No indictment is insufficient, nor can the trial, judgment, or other proceedings thereon be affected, by reason of a defect or imperfection in matter of form, which does not tend to the prejudice of the substantial rights of the defendant, upon the merits.
Страница 653 - Individual rights call for its exercise, the language used, though permissive in form, is in fact peremptory. What they are empowered to do for a third person the law requires shall be done. The power is given, not for their benefit, but for his.