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12 Buch action advances agreed agreement alleged American amount answer appeal application assignment authority bank benefit bill building cause charge church circumstances City claim collateral complainant complainant's condition consideration construction continued contract conveyed corporation costs court covenant death debt Decided decree deed defendant Denton determined Dick direction effect entitled equity evidence execution executor existence fact filed final follows fund further give given ground hearing held Hogencamp husband injunction intended interest issue Jersey judgment land lots matter mortgage N. J. Eq necessary operation opinion owner paid parties payment possession premises present proceedings proof purchaser question reason received referred relation relief rule says secure shares signed statute street subsequent suit taken testimony thereof tion transfer trust Water wife witnesses
Page 522 - A charity, in the legal sense, may be more fully defined as a gift, to be applied consistently with existing laws, for the benefit of an indefinite number of persons, either by bringing their minds or hearts under the Influence of education or religion, by relieving their bodies from disease, suffering or constraint, by assisting them to establish themselves In life, or by erecting or maintaining public buildings or works, or otherwise lessening the burdens of government.
Page 159 - In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry must always be as to the point or question actually litigated and determined in the original action, not what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action.
Page 523 - Charity' in its legal sense comprises four principal divisions: trusts for the relief of poverty; trusts for the advancement of education; trusts for the advancement of religion; and trusts for other purposes beneficial to the community, not falling under any of the preceding heads.
Page 689 - A man may transfer his property without valuable consideration in one of two ways: he may either do such acts as amount in law to a conveyance or assignment of the property and thus completely divest himself of the legal ownership in which case the person who by those acts acquires the property takes it beneficially or on trust, as the case may be; or the legal owner of the property may by one or other of the modes recognized as amounting to a valid declaration of trust constitute himself a trustee...
Page 35 - The Legislature shall not in any manner create any debt or debts, liability or liabilities which shall, singly or in the aggregate, with any previous debts or liabilities, exceed the sum of three hundred thousand dollars, except in case of war, to repel invasion or suppress insurrection...
Page 33 - No such law shall take effect until it shall have been submitted to the...
Page 529 - The present capacity of taking effect in possession, if the possession were to become vacant, and not the certainty that the possession will become vacant before the estate limited in remainder determines, universally distinguishes a vested remainder from one that is contingent.
Page 246 - It is further mutually agreed between the parties hereto that no certificate given or payment made under this contract, except the final certificate or final payment, shall be conclusive evidence of the performance of this contract, either wholly or in part, and that no payment shall be construed to be an acceptance of defective work or improper materials.
Page 159 - In considering the operation of this judgment, it should be borne In mind, as stated by counsel, that there is a difference between the effect of a judgment as a bar or estoppel against the prosecution of a second action upon the same claim or demand, and its effect as an estoppel in another action between the same parties rpon a different claim or cause of action.
Page 35 - ... unless the same shall be authorized by law for some single object or work to be distinctly specified therein, which law shall provide ways and means, exclusive of loans, for the payment of the interest of such debt or liability as it falls due, and also...