The American Decisions: Containing All the Cases of General Value and Authority Decided in the Courts of the Several States, from the Earliest Issue of the State Reports to the Year 1869, Volume 83Bancroft-Whitney, 1887 |
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Common terms and phrases
adverse possession alleged appears appellee assigned authority averment Bank bill bona fide purchaser bond carrier cause of action chose in action citing the principal claim Clark COMMON CARRIER contract conveyed court court of equity creditors cross-bill damages debt debtor decree deed defendant in error demand demurrer discharge dollars duty entitled equity estopped evidence execution facts filed fraud fraudulent grantee grantor heirs held homestead husband indorser interest Iowa judgment jurisdiction jury land levy liable lien mechanic's lien ment mining partnership misjoinder mortgage necessary notice opinion owner paid partner party payment person petition plaintiff in error possession premises probate proceedings promissory note proof purchaser question real estate record recover rendered rule seisin sheriff sold statute statute of frauds sufficient suit sureties tenant thereof tion trial trust valid vendee vendor verdict void wife writ
Popular passages
Page 333 - It is very true that a corporation can have no legal existence out of the boundaries of the sovereignty by which it is created. It exists only in contemplation of law, and by force of the law; and where that law ceases to operate and is no longer obligatory, the corporation can have no existence. It must dwell in the place of its creation, and cannot migrate to another sovereignty.
Page 407 - The legislature shall not pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or depriving a party of any remedy for enforcing a contract which existed when the contract was made.
Page 827 - that if any person shall knowingly and willfully obstruct or retard the passage of the mail, or of any driver or carrier, or of any horse or carriage carrying the same, he shall, upon conviction, for every such offense, pay a fine not exceeding one hundred dollars.
Page 697 - The defendant after conviction is entitled to all the benefit of the act for the relief of insolvent debtors...
Page 677 - Denton during their joint lives and the life of the survivor of them, and after the death of the survivor of them...
Page 850 - It is for the jury, or for the court when sitting without a jury, to determine from all the evidence in the case...
Page 129 - We do not wish to be understood, however, as holding that the rule laid down in the second class of cases is not applicable under some circumstances, as in the case of permanent injury caused by lawful public structures, properly constructed and permanent in their character.
Page 360 - Unless the promise, contract, or agreement, upon which such action shall be brought, or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith, or by some person thereunto by him lawfully authorized; excepting, however, leases not exceeding the term of three years.
Page 115 - Lay was called as a witness for the defendant, and testified that he had a...
Page 463 - The frequency of this constitutional malady is fortunately small, and it is better to confine it within the strictest limits. If juries were to allow it as a general motive, operating in cases of this character, its recognition would destroy social order as well as personal safety. To establish it as a justification in any particular case, it is necessary either to show, by clear proofs, its contemporaneous existence evinced by present circumstances, or the existence of an habitual tendency developed...