Albany Law Journal, Том 32Weed, Parsons & Company, 1886 |
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Страница 12
... interest of the State in certain timber lands belonging to one of the trust funds of the State . One of the points presented on the part of the defense was that at the time of the final hearing the term of office of Warner had expired ...
... interest of the State in certain timber lands belonging to one of the trust funds of the State . One of the points presented on the part of the defense was that at the time of the final hearing the term of office of Warner had expired ...
Страница 16
... interest upon it for many years , could set up their own wrong by way of devastavit , and say : " We admit a devastavit , knowing of your debt , because we have been pay- ing interest all the while , but seeing that we did it more than ...
... interest upon it for many years , could set up their own wrong by way of devastavit , and say : " We admit a devastavit , knowing of your debt , because we have been pay- ing interest all the while , but seeing that we did it more than ...
Страница 24
... interest . ' What are ' facts of general notoriety and interest ? ' We think the terms stand for facts of a public nature , either at home or abroad , not existing in the memory of men , as contradistinguished from facts of a private ...
... interest . ' What are ' facts of general notoriety and interest ? ' We think the terms stand for facts of a public nature , either at home or abroad , not existing in the memory of men , as contradistinguished from facts of a private ...
Страница 31
... INTEREST . -If a mortgagee , who takes a merely constructive possession of the mortgaged premises , has not therein such a valuable interest as warrants a claim upon him by the mortgagor for use and occupation , the mort- gagor cannot ...
... INTEREST . -If a mortgagee , who takes a merely constructive possession of the mortgaged premises , has not therein such a valuable interest as warrants a claim upon him by the mortgagor for use and occupation , the mort- gagor cannot ...
Страница 33
... interest . That they did not intend to extend the exception beyond this is evident from a subsequent decision , in which they held that the space used for switches or side tracks adjacent to the station was not necessarly within the ...
... interest . That they did not intend to extend the exception beyond this is evident from a subsequent decision , in which they held that the space used for switches or side tracks adjacent to the station was not necessarly within the ...
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affirmed agent Albany alleged applied assignment authority Bank bond cause of action charge cited claim common law Constitution contract contributory negligence corporation counsel Court of Appeals Court of Chancery court of equity creditors damages death debt Decided decision decree deed defendant defendant's doctrine duty entitled equity error evidence execution executor fact fendant fraud granted ground guilty habeas corpus heirs held husband indorser injury interest judge judgment judicial jurisdiction jury justice land Legislature liable lien marriage ment mortgage negligence Ohio oleomargarine opinion owner party payment Penn person plaintiff plaintiff in error premises present principle proceedings prosecution purpose question railroad Railroad Co reason recover remedy replevin respondent rule statute statute of frauds suit supra Supreme Court testator tion trial trust verdict void wife York
Популарни одломци
Страница 72 - It is a finality as to the claim or demand in controversy, concluding parties and those In privity with them, not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purpose.
Страница 255 - A valid and subsisting location of mineral lands, made and kept up in accordance with the provisions of the statutes of the United States, has the effect of a grant by the United States of the right of present and exclusive possession of the lands located.
Страница 350 - ... no subject shall be arrested, imprisoned, despoiled or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty or estate; but by the judgment of his peers, or the law of the land.
Страница 74 - The principle that in every forum a contract is governed by the law with a view to which it was made.
Страница 80 - Probable cause" has been defined as a reasonable ground of suspicion supported by circumstances sufficiently strong in themselves to warrant a cautious man in the belief that the person accused is guilty of the offense with which he is charged.
Страница 138 - An adjudication is final and conclusive, not only as to the matter actually determined, but as to every other matter which the parties might have litigated, and have had decided as incident to or essentially connected with the subject-matter of the litigation, and every matter coming within the legitimate purview of the original action, both in respect to matters of claim and of defense": Freeman on Judgments, sec.
Страница 257 - Equitable estoppel is the effect of the voluntary conduct of a party whereby he is absolutely precluded, both at law and in equity, from asserting rights which might, perhaps, have otherwise existed, either of property, of contract, or of remedy...
Страница 255 - In this action the plaintiff must recover on the strength of his own title, not on the weakness of that of his adversary.
Страница 260 - Probable cause is such a state of facts in the mind of the prosecutor, as would lead a man of ordinary caution and prudence to believe or entertain an honest and strong suspicion, that the person arrested is guilty.
Страница 78 - The people of the United States, as sovereign owners of the National Territories, have supreme power over them and their inhabitants. In the exercise of this sovereign dominion, they are represented by the government of the United States, to whom all the powers of government over that subject have been delegated, subject only to such restrictions as are expressed in the Constitution, or are necessarily implied in its terms...