Reports of Cases Argued and Determined in the Supreme Court of Tennessee, Volume 94 |
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87 Tenn 90 Tenn action adverse possession alleged amount assessment assignment authority Belmont Land bill bonds cause Chancellor Chancery Court charge choses in action Circuit Court cited and approved claim Clapp Clifton Hill Land complainants contract conveyed corporation counsel coupons creditors damages Davidson County debts deceased decree deed defendant defendant's entitled error estoppel evidence executed fact filed fraud Grundy County Hart Heis held Hickman County Hill Land Company indorser insisted judgment jury Knoxville liability lien marriage Memphis ment mortgage Nashville notes Nunnelly opinion paid parties payment Peery plaintiff plaintiff in error possession Post proof purchase money question railroad company rule secured Shelby County Shields Sneed Southern Iron statute statute of limitations stockholders subscribers suit testator tion Tracy City trial trust unpaid valid vendor Warner Iron Company widow wife witness
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Página 207 - ... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a Court of law ; or of which he might have availed himself at law, but was prevented by fraud or accident unmixed with any fault or negligence in himself or his agents, will justify an application to a Court of Chancery.
Página 150 - If the thing wanting or which failed to be done, and which constitutes the defect In the proceedings, is something, the necessity for which, the Legislature might have dispensed with by prior statute, then it is not beyond the power of the Legislature to dispense with it Ьт subsequent statute.
Página 649 - In the interpretation of statutes levying taxes, it is the established rule not to extend their provisions by implication beyond the clear import of the language used, or to enlarge their operations so as to embrace matters not specifically pointed out. In case of doubt, they are construed most strongly against the government, and in favor of the citizen.
Página 53 - But the credit of no county, city or town shall be given or loaned to or in aid of any person, company, association or corporation, except upon an election to be first held by the qualified voters of such county, city or town, and the assent of three-fourths of the votes cast at said election. Nor shall any county, city or town become a stockholder with others in any company, association or corporation, except upon a like election and the assent of a like majority.
Página 68 - The seller is liable ex delicto for bad faith; and ex contractu there is an implied warranty on his part that they belong to him, and that they are not forgeries. Where there is no express stipulation, there is no liability beyond this. If the buyer desires special protection, he must take a guaranty. He can dictate its terms, and refuse to buy unless it be given. If not taken, he cannot occupy the vantage-ground upon which it would have placed him.
Página 10 - But where the charter authorizes capital stock to be paid in property, and the shareholders honestly and in good faith put in property instead of money in payment of their subscriptions, third parties have no ground of complaint The case is very different from that in which subscriptions to stock are payable in cash, and where only a part of the installments has been paid. In that case there is still a debt due to the corporation, which, if it become insolvent, may be sequestered in equity by the...
Página 391 - The right of action which a person who dies from injuries received from another or whose death is caused by the wrongful act, omission or killing by another, would have had against the wrongdoer in case death had not ensued shall not abate or be extinguished by his death, but shall pass to his widow, and hi case there is no widow, to his children or to his personal representative for the benefit of his widow or next of kin, free from the claims of creditors.
Página 649 - I conceive, a general rule in the interpretation of all statutes levying taxes or duties upon subjects or citizens, not to extend their provisions by implication, beyond the clear import of the language used, or to enlarge their operation so as to embrace matters, not specifically pointed out, although standing upon a close analogy.
Página 84 - That in reason, whenever a man claims to be a servant while getting into his possession, by force of this claim, the property to be embezzled, he should be held to be such on his trial for the embezzlement. Why should not the rule of estoppel, known throughout the entire civil department of our, jurisdiction, apply in the criminal?
Página 255 - Is that when a will is executed the testator designs to dispose of his entire estate, and does not intend to die intestate as to any part of his property.