The Southeastern Reporter, Volume 73West Publishing Company, 1912 |
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action agreement alleged Appeal and Error Appeals of Georgia authority Bank bill brings error cause Cent charge circuit court claim Code Company contract contributory negligence corporation Court of Appeals court of equity creditor CRIMINAL LAW damages debt declaration decree deed deed of trust defendant in error defendant's demurrer dence Diller duty eminent domain employé equity evidence executed fact fendant filed fraud held injury instruction issue Judge Judgment affirmed jury land liable lien Lumber marriage Master and Servant matter ment mortgage motion negligence nonsuit North Carolina Note.-For overruled owner paid parties payment person petition plain plaintiff in error promise purchase question Railroad Randolph county reason recover refused rule statute statute of frauds subrogation suit Superior Court Supreme Court sustained Syllabus testator testimony thereof tiff tion tract trial trust verdict West Virginia wife witness
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Halaman 300 - That for and in consideration of the sum of one dollar cash in hand paid by the party of the second part to the party of the first part...
Halaman 75 - But it was recognized in the cases cited, as in many others, that freedom of contract is a qualified and not an absolute right. There is no absolute freedom to do as one wills or to contract as one chooses. The guaranty of liberty does not withdraw from legislative supervision that wide department of activity which consists of the making of contracts, or deny to government the power to provide restrictive safeguards. Liberty implies the absence of arbitrary restraint, not immunity from reasonable...
Halaman 74 - The former naturally desire to obtain as much labor as possible from their employees, while the latter are often induced by the fear of discharge to conform to regulations which their judgment, fairly exercised, would pronounce to be detrimental to their health or strength. In other words, the proprietors lay down the rules and the laborers are practically constrained to obey them. In such cases self-interest is often an unsafe guide, and the legislature may properly interpose its authority.
Halaman 141 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Halaman 154 - ... the children of the State between the ages of six and twenty-one years. And the children of the white race and the children of the colored race shall be taught in separate public schools; but there shall be no discrimination in favor of or to the prejudice of either race.
Halaman 250 - And every company whose railroad is or shall be hereafter intersected by any new railroad, shall unite with the owners of such new railroad in forming such intersections and connections, and grant the facilities aforesaid ; and if the two corporations cannot agree upon the amount of compensation to be made therefor, or the points and manner of such crossings and connections...
Halaman 122 - Any corporation, society, order or voluntary association, without capital stock, organized and carried on solely for the mutual benefit of its members and their beneficiaries, and not for profit, and having a lodge system with ritualistic form of work and representative form of government, and which shall make provision for the payment of benefits in accordance with section 5 hereof, is hereby declared to be a Fraternal Benefit Society.
Halaman 99 - ... and, in the other policy, if death should result " from bodily injuries effected directly and independently of all other causes through external, violent and accidental means.
Halaman 230 - ... if the property has been delivered to the plaintiff, and the defendant claim a return thereof. judgment for the defendant may be for a return of the property or the value thereof, in case a return cannot be had, and damages for taking and withholding the same.
Halaman 59 - An express promise, therefore, as it should seem, can only revive a precedent good consideration which might have been enforced at law through the medium of an implied promise had it not been suspended by some positive rule of law, but can give no original right of action if the obligation on which it is founded never could have been enforced at law, though not barred by any legal maxim or statute provision.