The Southeastern Reporter, Volume 49West Publishing Company, 1905 |
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Common terms and phrases
acres affirmed aforesaid agreement alleged amount answer appeal appellee authority bill bond brings error Carolina cars cause of action certiorari charge circuit court claim Code commissioners complaint contract conveyed corporation court of equity creditors cree damages debt deceased decree deed deed of trust defendant defendant's demurrer dence duty entitled equity evidence exception execution fact fendant filed fraud garnishee Georgia held indictment injury intent interest intestate issue Judge judgment jury land lease liable lien Lumber Maxwell ment motion negligence nonsuit North Carolina overruled owner paid parties payment person petition plain plaintiff in error possession purchase purpose question Railroad Company reason recover refused reversed rule says statute suit Superior Court Supreme Court sustained Syllabus taxes testator testimony thereof tiff tion tract trial trust verdict W. B. Maxwell West Virginia witness
Popular passages
Page 179 - A conspiracy, it is said,f consists not merely in the intention of two or more, but in the agreement of two or more, to do an unlawful act or to do a lawful act by unlawful means.
Page 194 - But we need not go further. Enough has already been said to show that, when private property is devoted to a public use, it is subject to public regulation. It remains only to ascertain whether the warehouses of these plaintiffs in error, and the business which is carried on there, come within the operation of this principle.
Page 193 - Every common carrier subject to the provisions of this act shall, according to their respective powers, afford all reasonable, proper- and equal facilities for the interchange of traffic...
Page 199 - If the company is deprived of the power of charging reasonable rates for the use of its property, and such deprivation takes place in the absence of an investigation by judicial machinery, it is deprived of the lawful use of its property, and thus, in substance and effect, of the property itself, without due process of law and in violation of the Constitution of the United States...
Page 171 - By a resident of this state, for any cause of action. 2. By a plaintiff' not a resident of this state, when the cause of action shall have arisen, or the subject of the action shall be situated within this state.
Page 345 - In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the...
Page 83 - ... intention can be discovered, it ought to be followed with reason and discretion, in the construction of the statute, although such construction seem contrary to the letter of the statute.
Page 40 - ... credit, and to bring him into public scandal, infamy, and disgrace...
Page 182 - We think, therefore, that associations may be entered into, the object of which is to adopt measures that may have a tendency to impoverish another, that is, to diminish his gains and profits, and yet, so far from being criminal or unlawful, the object may be highly meritorious and public spirited.
Page 436 - ... death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.