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action affidavit agent agreement alleged amount answer appeal argument assigned attorney authority brief cause charge circuit court cited claim complaint condition consideration contract corporation counsel creditors damages debt deceased deed defendant defendant's directed effect entered error evidence examination execution fact favor feet filed findings fire further give given grant ground held injury instructions interest issued January judge judgment jury justice land learned lien limit logs matter means ment mortgage motion notice opinion oral paid parties payment person plaintiff proceedings proof prove purchase question reason received record recover refused rendered respondent rule sold statement statute sufficient sustain tending testimony therein thereof tion town track trial verdict wife witnesses
Page 383 - The rule stated in these cases is that " there must be reasonable evidence of negligence; but where the thing [meaning the thing causing the injury] is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 193 - ... the situation of a surety, or is compelled to pay it to protect his own rights, that a court of equity substitutes him in the place of the creditor, as a matter of course, without any agreement to that effect. In other cases the demand of a creditor which is paid with the money of a third person, and without any agreement that the security shall be assigned or kept on foot for the benefit of such third person, is absolutely extinguished.
Page 463 - A husband or wife shall not be compelled, or, without the consent "of the other if living, allowed to disclose a confidential communication made by one to the other during marriage. In an action for criminal conversation, the plaintiff's wife is not a competent witness for the plaintiff, but she is a competent witness for the defendant, as to any matter in controversy; except that she cannot, without the plaintiff's consent, disclose any confidential communication had or made between herself and...
Page 243 - In our jurisprudence a contract may be illegal and void because it is contrary to a constitution or statute, or inconsistent with sound policy and good morals. Lord Mansfield said : "Many contracts which are not against morality, are still void as being against the maxims of sound policy.
Page 51 - ... the father of the minor, if living, and in case of his death, the mother, while she remains unmarried, being themselves respectively competent to transact their own business, shall be entitled to the custody of the person of the minor, and to the care of his education.
Page 248 - All agreements for pecuniary considerations to control the business operations of the government, or the regular administration of justice, or the appointments to public offices, or the ordinary course of legislation, are void as against public policy, without reference to the question whether improper means are contemplated or used in their execution. The law looks to the general tendency of such agreements, and it closes the door to temptation by refusing them recognition in any of the courts of...
Page 577 - ... such a knowledge of facts as to induce a reasonable belief of his debtor's insolvency, in order to invalidate a security taken for his debt. To make mere suspicion a ground of nullity in such a case would render the business transactions of the community altogether too insecure. It was never the intention of the framers of the act to establish any such rule.
Page 577 - It is not enough that a creditor has some cause to suspect the insolvency of his debtor ; but he must have such a knowledge of facts as to induce a reasonable belief of his debtor's insolvency, in order to invalidate a security taken for his debt.
Page 481 - ... has been paid. In that case there is still a debt due to the corporation, which, if it become insolvent, may be sequestered in equity by the creditors, as a trust fund liable to the payment of their debts. But where full paid stock is issued for property received, there must be actual fraud in the transaction to enable creditors of the corporation to call the stockholders to account.
Page 552 - Those provisions of a statute which affect the time and place of the election, and the legal qualifications of the electors are generally of the substance of the election, while those touching the recording and return of the legal votes received, and the mode and manner of conducting the mere details of the election are directory.