The Encyclopedic Digest of Virginia and West Virginia Reports: Being a Complete Encyclopedia and Digest of All Virginia and West Virginia Case Law Up to and Including Volume 103 Virginia Reports and Volume 55 West Virginia Reports, Volume 1

Thomas Johnson Michie
Michie Company, 1905

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Página 716 - It is the duty of the court to instruct the jury as to the law ; and it is the duty of the jury to follow the law, as it is laid down by the court.
Página 274 - It is a well-established rule of law, that, where a contract, not under seal, is made with an agent, in his own name, for an undisclosed principal, either the agent or the principal may sue upon it...
Página 169 - The remedy must be plain; for, if It be doubtful and obscure at law, equity will assert a jurisdiction. It must be adequate; for, if at law it falls short of what the party is entitled to, that founds a Jurisdiction in equity. And it must be complete; that is, it must attain the full end and Justice of the case. It must reach the whole mischief, and secure the whole right of the party in a perfect manner, at the present time and in future; otherwise equity will interfere and give such relief and...
Página 306 - In making title by descent, it shall be no bar to a party, that any ancestor, through whom he derives his descent from the intestate, is or hath been an alien.
Página 311 - Where a negotiable instrument is materially altered without the assent of all parties liable thereon, it is avoided, except as against a party who has himself made, authorized or assented to the alteration, and subsequent indorsers. But...
Página 121 - If a person having a right, and seeing another person about to commit or in the course of committing an act infringing upon that right, stands by in such a manner as really to induce the person committing the act, and who might otherwise have abstained from it, to believe that he assents to its being committed, he cannot afterwards be heard to complain of the act. This, as Lord Cottenham said in the case already cited, is the proper sense of the term acquiescence...
Página 72 - ... and the evidence showed that, when found, the body had bloody froth at the mouth, spots of blood on face and breast and red spots on body: It was held, that it was not error for the court to refuse to instruct the jury that if...
Página 302 - Snyder, his heirs, and assigns, all of the right, title, and interest of the parties of the first part. It precedes this sweeping granting clause by a declaration that it is the intention of the parties to vest exclusive title to the tracts of land in the grantee, and throughout the deed it wholly discards any right of survivorship in the grantors. There is no ambiguity about the word 'all'; a conveyance of 'all' is not a reservation of 'part.
Página 307 - Any alteration which changes : 1. The date ; 2. The sum payable, either for principal or interest; 3. The time or place of payment ; 4. The number or the relations of the parties ; 5. The medium or currency in which payment is to be made ; Or which adds a place of payment where no place of payment is specified, or any other change or addition which alters the effect of the instrument in any respect, is a material alteration.
Página 129 - But the court is not empowered to decide moot questions or abstract propositions or to declare, for the government of future cases, principles or rules of law which cannot affect the result as to the thing in issue in the case before it.

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