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action actual adverse possession affidavit agent agreement alleged amount answer appeal application appointed argued attorney authority bonds cause charge charter circuit court cited claim complaint condition considered constitution construction contract corporation counsel damages deed defendant determine direct duty effect error evidence execution fact filed follows give given granted ground held highway hold insurance company intended interest issue judge judgment jurisdiction jury justice land liable license lots matter ment Milwaukee mortgage motion notice objection officers opinion owner paid parties payment person plaintiff possession premises present proceedings proper provisions question railroad Railway reason received record recover refused relation respect respondent rule Smith statute sufficient suit supervisors taken term thereof tion town trial trust valid void
Página 198 - Having no absolute right of recognition in other States, but depending for such recognition and the enforcement of its contracts upon their assent, it follows, as a matter of course, that such assent may be granted upon such terms and conditions as those States may think proper to impose. They may exclude the foreign corporation entirely ; they may restrict its business to particular localities, or they may exact such security for the performance of its contracts with their citizens as in their judgment...
Página 190 - It is a maxim not to be disregarded that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit when the very point is presented for decision.
Página 204 - It may, we think, be laid down as a rule which admits of no exception, that, in all cases where jurisdiction depends on the party, it is the party named in the record.
Página 206 - The State not being a party on the record, and the Court having jurisdiction over those who are parties on the record, the true question is not one of jurisdiction, but whether, in the exercise of its jurisdiction, the Court ought to make a decree against the defendants ; whether they are to be considered as having a real interest, or as being only nominal parties.
Página 197 - The recognition of its existence ev<;n by other states, and the enforcement of its contracts made therein, depend purely upon the comity of those states — a comity which is never extended where the existence of the corporation or the exercise of its powers are prejudicial to their interests or repugnant to their policy.
Página 208 - In such a case, where the chief magistrate of a state is sued, not by his name, but by his style of office, and the claim made upon him is entirely in his official character, we think the state itself may be considered as a party on the record.
Página 609 - ... there has been a continued occupation and possession of the premises included in...
Página 204 - The direct interest of the state in the suit, as brought, is admitted ; and had it been in the power of the bank to make it a party, perhaps no decree ought to have been pronounced in the cause, until the state was before the court. But this was not in the power of the bank.
Página 282 - Where an express trust relating to real property is created for any purpose not specified in the preceding sections of this article, no estate shall vest in the trustees ; but the trust, if directing or authorizing the performance of any act which may be lawfully performed under a power, shall be valid as a power in trust, subject to the provisions of this chapter.
Página 191 - And where the stipulation, though not against the policy of the law, yet is an effort to divest the ordinary jurisdiction of the common tribunals of justice, such as an agreement in case of dispute to refer the same to arbitration, a court of equity will not, any more than a court of law, interfere to enforce the agreement, but it will leave the parties to their own good pleasure in regard to such agreements.