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 24
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action adverse possession agent agreed alleged amount appears appellant applied authority bank bill cause charge claim club common complainant condition consideration contract conversion corporation court damages debt decisions decree deed defendant delivered determined direct dollars duty effect entered entitled error evidence execution existence fact give given grant ground held hold husband injury intent interest issue judgment jury knowledge land liable limited loss matter mortgage negligence notice officer opinion original owner paid parties payment person plaintiff possession present principal proof purchase question reason received record recover reference refusal relation respect result rule says sell statute sufficient suit taken tion trial trust valid wife
Page 830 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the accomplishment of the declared objects and purposes of the corporation — not simply convenient, but indispensable.
Page 720 - A communication made bona fide upon any subject-matter In which the party communicating has an interest, or in reference to which he has a duty, is privileged if made to a person having a corresponding interest or duty, although it contain criminatory matter, which, without this privilege, would be slanderous and actionable...
Page 811 - From this method of interpreting laws by the reason of them, arises what we call equity, which is thus defined by Grotius : "the correction of that wherein the law (by reason of its universality) is deficient.
Page 514 - 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 93 - ... to have and to hold the said abovo mentioned and described premises and every part and parcel thereof to the said parties, their heirs and assigns to the sole and only proper use, benefit and behoof of the said parties of the second part, .their heirs and assigns forever.
Page 419 - The objection," said Lord Mansfield in Jlolman v. Johnson, Cowp. 343, " that a contract is immoral or illegal as between plaintiff and defendant sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice as between him and the plaintiff, — by accident, if I may so say.
Page 537 - A creditor has an insurable interest in the life of his debtor, to the extent of the debt ; but if the debt be discharged, the policy becomes void.
Page 346 - When the death of one is caused by the wrongful act or omission of another, the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained an action had he lived, against the latter for an injury for the same act or omission.
Page 419 - No Court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. If from the plaintiff's own stating or otherwise the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the Court says he has no right to be assisted. It is upon that ground the Court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff.