The American State Reports: Containing the Cases of General Value and Authority Subsequent to Those Contained in the "American Decisions" [1760-1869] and the "American Reports" [1869-1887] Decided in the Courts of Last Resort of the Several States [1886-1911], Volume 20Abraham Clark Freeman Bancroft-Whitney Company, 1891 |
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Common terms and phrases
accident affirmed agent alleged appears appellant appellee application authority Bank bill bill of lading bond cause of action charge cited claim common law complaint constitution contract contributory negligence conveyance corporation counsel court of equity creditors damages debt debtor deed defendant in error defendant's demurrer dollars duty entitled equity estoppel evidence execution exempt fact fraud fraudulent held husband injury instruction Iowa Janesville Cotton Mills judge judgment jurisdiction jury land levy liability lien ment Minn mortgage negligence notice officer opinion owner paid parties payment person plaintiff in error possession premises presumption proceedings proof purchaser purpose question R. R. Co R'y Co railroad reason recover rule servant service of process statute sufficient suit sureties sustained therein thereof tion track trial trust verdict void wife witness writ
Popular passages
Page 819 - In the construction of a statute or instrument, the office of the judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted, or to omit what has been inserted; and where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all.
Page 133 - There are certain vital principles in our free republican governments, which will determine and overrule an apparent and flagrant abuse of legislative power; as to authorize manifest injustice by positive law; or to take away that security for personal liberty, or private property, for the protection whereof the government was established.
Page 64 - The legislature shall provide by law for the establishment of district schools, which shall be as nearly uniform as practicable; and such schools shall be free and without charge for tuition to all children between the ages of four and twenty years, and no sectarian instruction shall be allowed therein.
Page 942 - Absolute safety is unattainable, and employers are not insurers. They are liable for the consequences not of danger but of negligence and the unbending test of negligence in methods, machinery, and appliances is the ordinary usage of the business.
Page 63 - The right of every man to worship Almighty God, according to the dictates of his own conscience, shall never be infringed; nor shall any man be compelled to attend, erect, or support any place of worship, or to maintain any ministry against his consent; nor shall any control of, or interference with, the rights of conscience be permitted, or any preference be given by law to any religious establishments, or modes of worship...
Page 792 - ... for a partition thereof, according to the respective rights of the persons interested therein, and for a sale of such property, or a part thereof, if it appears that a partition cannot be made without great prejudice to the owners.
Page 342 - ... bargained, sold and conveyed and by these presents do bargain, sell and convey unto the said John P. Wilson, his heirs and assigns...
Page 547 - By the law of the land, is most clearly intended, the general law; a law, which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial.
Page 554 - State, exerted within the limits of those fundamental principles of liberty and justice which lie at the base of all our civil and political institutions...
Page 87 - The tools and implements, or stock in trade, of any mechanic, miner or other person, used and kept for the purpose of carrying on his trade or business, not exceeding two hundred dollars in value.