The Southern Reporter, Volume 78West Publishing Company, 1918 |
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Halaman 56
... ground of demurrer interposed . The decree sustaining the de- murrer is reversed ; and a decree is here rendered overruling the demurrer . Reversed , rendered , and remanded . ANDERSON , C. J. , and SOMERVILLE and THOMAS , JJ . , concur ...
... ground of demurrer interposed . The decree sustaining the de- murrer is reversed ; and a decree is here rendered overruling the demurrer . Reversed , rendered , and remanded . ANDERSON , C. J. , and SOMERVILLE and THOMAS , JJ . , concur ...
Halaman 70
... GROUNDS - MORTGAGE - EXCESSIVENESS . A mortgage given for services cannot be canceled on the ground that the mortgagee , who filled in the amount of the mortgage , made it for more than he should , as that can be ad- justed on ...
... GROUNDS - MORTGAGE - EXCESSIVENESS . A mortgage given for services cannot be canceled on the ground that the mortgagee , who filled in the amount of the mortgage , made it for more than he should , as that can be ad- justed on ...
Halaman 72
... ground that the morals and safety of the public are involved and that the MAYFIELD , SOMERVILLE , and THOM- and 3 and pleas. It is true that the English and American courts of chancery have not always spoken with one voice to the ...
... ground that the morals and safety of the public are involved and that the MAYFIELD , SOMERVILLE , and THOM- and 3 and pleas. It is true that the English and American courts of chancery have not always spoken with one voice to the ...
Halaman 83
... ground of an estoppel in pais , but the principle of substitution appears to us to be a stronger ground . ' " A new way may be substituted for an old one , and dedication and acceptance may be shown by use or by the circumstances of the ...
... ground of an estoppel in pais , but the principle of substitution appears to us to be a stronger ground . ' " A new way may be substituted for an old one , and dedication and acceptance may be shown by use or by the circumstances of the ...
Halaman 89
... grounds of the de- murrer . The consideration of the appeal , which is from a decree overruling the de- murrer is somewhat embarrassed by the fact that the sole insistence for error in the ruling is based upon the single ground - the ...
... grounds of the de- murrer . The consideration of the appeal , which is from a decree overruling the de- murrer is somewhat embarrassed by the fact that the sole insistence for error in the ruling is based upon the single ground - the ...
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action adverse possession Affirmed agent agreement Alabama alleged amended amount Apalachicola Northern Railroad Appeal from Circuit appellant appellee assessment Atty authority averred bank bill bond cause certificate chancery chancery court charge Circuit Court claim Code complainant Constitution contract contributory negligence corporation cotton Court of Mississippi criminal CRIMINAL LAW damages deceased decree deed defendant defendant's demurrer Duval county equity error evidence fact fendant filed Florida held indictment injury issued Judge judgment jurisdiction jury land liability lien Louisiana lumber Manatee county March 25 ment Miss mortgage negligence offense opinion Orleans overruled owner pany parish parties payment person plaintiff plaintiff in error plea question Railroad Company record Rehearing remanded Reversed Richland parish rule sheriff South statute street suit Supreme Court term testimony thereof tion tract witness
Bagian yang populer
Halaman 231 - ... neglect of the insured to use all reasonable means to save and preserve the property at and after a fire, or when the property is endangered by fire in neighboring premises...
Halaman 203 - The damages must be such as may fairly be supposed to have entered into the contemplation of the parties when they made the contract ; that is, must be such as might naturally be expected to follow its violation; and they must be certain, both in their nature and in respect to the cause from which they proceed.
Halaman 75 - A holder in due course is a holder who has taken the instrument under the following conditions : — 1. That it is complete and regular upon its face ; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4. That at the time it was negotiated to him he had no notice of any...
Halaman 230 - If a building or any part thereof fall, except as the result of fire, all insurance by this policy on such building or its contents shall immediately cease.
Halaman 75 - Constitutes a Holder in Due Course. A holder in due course is a holder who has taken the instrument under the following conditions: 1. That it is complete and regular upon its face; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4. That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person...
Halaman 15 - The interest mentioned in the statute which entitles a person to intervene in a suit between other parties must be in the matter in litigation, and of such a direct and immediate character that the intervener will either gain or lose by the direct legal operation and effect of the judgment.
Halaman 74 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.
Halaman 254 - Private property shall not be taken, or damaged, for public purposes, without just and adequate compensation being first paid.
Halaman 255 - But acts done in the proper exercise of governmental powers, and not directly encroaching upon private property, though their consequences may impair its use, are universally held not to be a taking within the meaning of tho constitutional provision.
Halaman 225 - It is a modification of the ancient maxim, and amounts to this, that though -penal laws are to be construed strictly, they are not to be construed so strictly as to defeat the obvious intention of the legislature.