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The American Decisions: Containing All the Cases of General Value ..., Volume 83
Tampilan utuh - 1887
The American Decisions: Containing All the Cases of General Value ..., Volume 37
Tampilan utuh - 1886
The American Decisions: Containing All the Cases of General Value ..., Volume 62
Tampilan utuh - 1886
action affirmed agreement alleged amount appear applied assignment assumpsit authority averment Bank Barb bill bond breach chancery charge citing the principal claim common carrier common law complainant consideration contract conveyance corporation court court of chancery court of equity covenant creditor damages debt debtor decision declaration decree deed defendant defendant's delivered demand doctrine dollars entitled equity estopped evidence execution executor fact fraud given grant ground heirs held indorser John John Padgett judge judgment jury justice land legatees liable lien matter ment mortgage notice opinion owner paid party payment person plaintiff in error plea pleaded possession proceedings promise promissory note prove purchase question reason received recoup recover replevin rule scire facias set-off sheriff sold statute statute of frauds sufficient suit surety testator thereof tion trespass trial trustee usurious vendee verdict void warranty Wend witnesses writ
Halaman 66 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Halaman 510 - English rule does not prevail, and "all that can be required of a trustee to invest is, that he shall conduct himself faithfully, and exercise a sound discretion. He is to observe how men of prudence, discretion, and intelligence manage their own affairs, not in regard to speculation, but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of the capital to be invested:
Halaman 276 - No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers.
Halaman 490 - ... deprived of his life, liberty, or property, unless by the judgment of his peers, or the law of the land.
Halaman 610 - And the said records and exemplifications, authenticated as aforesaid, shall have such faith and credit given to them in every court and office within the United States, as they have by law or usage in the courts or offices of the state from whence the same are or shall be taken.
Halaman 275 - SECTION 1. The Legislative power of this State shall be vested in a Senate and Assembly, which shall be designated the Legislature of the State of California...
Halaman 503 - ... it, yet if that line of duty be not strictly pursued, and any part of the property be invested by such personal representative in funds or upon securities not authorized, or be put within the control of persons who ought not to be intrusted with it, and a loss be thereby eventually sustained, such personal representative will be liable to make it good, however unexpected the result — however little likely to arise from the course adopted — and however free such conduct may have been from...
Halaman 419 - ... would not affect cases of indemnity, where one man employed another to do acts, not unlawful in themselves, for the purpose of asserting a right.
Halaman 275 - We know of no case, in which a legislative act to transfer the property of A to B, without his consent, has ever been held a constitutional exercise of legislative power in any State in the Union. On the contrary, it has been constantly resisted as inconsistent with just principles, by every judicial tribunal in which it has been attempted to be enforced.
Halaman 124 - ... in question in another Court ; secondly, that the judgment of a Court of exclusive jurisdiction, directly upon the point, is, in like manner, conclusive upon the same matter, between the same parties, coming incidentally in question in another Court for a different purpose. But neither the judgment of a concurrent or exclusive jurisdiction is evidence of any matter which came collaterally in question, though within their jurisdiction, nor of any matter incidentally cognisable, nor of any matter...