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The American Decisions: Containing All the Cases of General Value ..., Volume 83
Visualização completa - 1887
The American Decisions: Containing All the Cases of General Value ..., Volume 37
Visualização completa - 1886
The American Decisions: Containing All the Cases of General Value ..., Volume 62
Visualização completa - 1886
administrator affidavit affirmed agent alleged Allen appellant appellee application attachment attorney authority Bank bill of lading bond Bragg carrier citing the principal City claim common carrier common law contract conveyance corporation court court of equity creditors damages debt debtor declaration decree deed defendant delivered delivery detinue dower duty Elizabeth Pollard entitled equity estoppel evidence execution existence facts filed fraud fraudulent furnished given grant ground held husband indorsed injury interest issued Jones judgment jurisdiction jury land liable lien materials mechanic's lien ment mortgage mortgagor negligence notice opinion owner paid parties payment person plaintiff plaintiff in error possession premises proceedings promissory note purchase question R. R. Co railroad reason recover rendered replevin rule Smith statute sufficient suit tion trial trust valid verdict void wife William Bragg wreck writ
Página 390 - The general assembly shall provide such revenue as may be needful by levying a tax, by valuation, so that every person and corporation shall pay a tax in proportion to the value of his, her or its property...
Página 737 - El. 469, a leading case of estoppel by conduct, it was said " the rule of law is clear that where one by his words or conduct willfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Página 788 - That the sum for which the attachment is asked is an actual bona fide existing debt, due and owing from the defendant to the plaintiff, and that the attachment is not sought, and the action is not prosecuted to hinder, delay, or defraud any creditor or creditors of the defendant.
Página 205 - The right of trial by jury shall be secured to all, and remain inviolate ; but in civil actions three-fourths of the jury may render a verdict.
Página 695 - A dispensation or license properly passeth no interest, nor alters or transfers property in anything, but only makes an action lawful which without it had been unlawful. As a license to go beyond the seas, to hunt in a man's park, to come into his house, are only actions which, without license, had been unlawful. But...
Página 137 - land" includes not only the face of the earth, but every thing under it, or over it. And therefore, if a man grants all his lands, he grants thereby all his mines of metal and other fossils, his woods, his waters, and his houses, as well as his fields and meadows.
Página 620 - By the general law applicable to running streams, every riparian proprietor has a right to what may be called the ordinary use of the water flowing past his land ; for instance, to the reasonable use of the water for his domestic purposes and for his cattle, and this without regard to the effect which such use may have, in case of a deficiency, upon proprietors lower down the stream.
Página 133 - all mines of gold and silver within the realm, whether they be in the lands of the Queen or of subjects, belong to the Queen by prerogative, with liberty to dig and carry away the ores thereof, and with other such incidents thereto as are necessary to be used for the getting of the ore.
Página 179 - To constitute the coercion or duress which will be regarded as sufficient to make the payment involuntary, * * * there must be some actual or threatened exercise of power possessed, or believed to be possessed, by the party exacting or receiving the payment over the person or property of another, from which the latter has no other means of immediate relief than by making the payment.
Página 620 - ... his domestic purposes and for his cattle, and this without regard to the effect which such use may have, in case of a deficiency, upon proprietors lower down the stream. But, further, he has a right to the use of it for any purpose, or what may be deemed the extraordinary use of it, provided that he does not thereby interfere with the rights of other proprietors, either above or below him.