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 38Abraham Clark Freeman Bancroft-Whitney Company, 1894 |
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Common terms and phrases
affirmed agent agreement Alabama alleged amount appeal appellee authority Bank bill bill of lading bond Bradstreet Co carrier cause of action charge cited claim common law complaint constitution contract conveyance corporation court court of equity creditors damages debt deceased declared decree deed defendant defendant's demurrer dollars duty effect enforce entitled equity evidence execution exercise extended note fact fraud held homestead husband Imboden injury instruction interest judge judgment jurisdiction jury land liable lien Mass matter ment Minn mortgage negligence owner paid parties payment perform person plaintiff plaintiff in error possession premises principle proceedings promissory note purpose question R. R. Co railroad company reason received recover rule servant statute statute of frauds sufficient suit surety sustained tenant testator thereof tion trial trust vendor verdict void wife
Popular passages
Page 697 - In case of the death, or other disability, of a party, the court, on motion, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
Page 191 - that the writ of injunction shall not be granted by any court of the United States to stay proceedings in any court of a State, except in cases, where such injunction may be authorized by any law relating to proceedings in bankruptcy.
Page 181 - But it is generally held that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Page 288 - Either husband or wife may enter into any engagement or transaction with the other, or with any other person, respecting property, which either might if unmarried; subject, in transactions between themselves, to the general rules which control the actions of persons occupying confidential relations with each other, as defined by the title on trusts.
Page 886 - Such as shall be conveyed to it in satisfaction of debts previously contracted in. the course of its dealings.
Page 224 - Having no absolute right of recognition in other states, but depending for such recognition and the enforcement of its contracts upon their assent, it follows, as a matter of course, that such assent may be granted upon such terms and conditions as those states may think proper to impose.
Page 799 - that nothing in that act contained should be construed to deprive the courts of the individual states of jurisdiction under the laws of the several states over offenses made punishable by that act.
Page 307 - Every bill shall be read on three different days in each House, unless, in case of urgency, three-fourths of the House where such bill is so depending, shall deem it expedient to dispense with this rule : and every bill having passed both Houses, shall be signed by the Speakers of their respective Houses.
Page 181 - The proximate cause of an event must be understood to be that which in a natural and continuous sequence, unbroken by any new, independent cause, produces that event, and without which that event would not have occurred.
Page 182 - But the question remains, can the plaintiff then, consistently with the authorities, maintain his action, having been at least equally in fault : The answer is that, supposing that fact ascertained by the jury, but to this extent, that he merely indulged the natural instinct of a child in amusing himself with the empty cart and deserted horse, then we think that the defendant cannot be permitted to avail himself of that fact.