Reports of Cases Argued and Determined in the Supreme Court of Tennessee, Volume 6Jones, Purvis, 1874 |
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action Adm'r agent alleged amount answer Appeal in error Atlantic Railroad bank bond Burem cause certiorari Chancellor Chancery Court Chattanooga Railroad Company Circuit Court Circuit Judge citing claims clerk Code complainant contract coparceny County Court court of equity creditors damages debt declaration decree deed defendant in error delivered the opinion demurrer East Tennessee equity evidence execution executor fact fendant filed Gardenhire garnishee guardian held insisted intestate issue J. M. Carroll James John Baxter judgment Knox county land levy liable libel lien Mabry matter ment motion Nashville & Chattanooga negligence paid party payment person petition plaintiff in error plea plead possession proceedings proof purchase money Queener question R. S. Saunders reason record rendered replevin reversed road Roane county rule settlement Smith Sneed sold statute of limitations sued suit surety tenants Term tion Trew trial trust verdict William William Melton writ Yerg
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Halaman 404 - 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...
Halaman 98 - A contract is an agreement in which a party undertakes to do or not to do a particular thing. The law binds him to perform his undertaking, and this is, of course, the obligation of his contract.
Halaman 384 - It is a well-established principle of the common law, that in actions of trespass and all actions on the case for torts, a jury may inflict what are called exemplary, punitive or vindictive damages upon a defendant, having in view the enormity of his offense rather than the measure of compensation to the plaintiff.
Halaman 412 - It is, we think, a sound principle, that when a government becomes a partner in any trading company, it divests itself, so far as concerns the transactions of that company, of its sovereign character, and takes that of a private citizen.
Halaman 120 - And here, also, care must be taken that the acts and declarations thus admitted be those only which were made and done during the pendency of the criminal enterprise, and in furtherance of its object.
Halaman 382 - The meaning in law of a privileged communication is that it is made on such an occasion as rebuts the prima facie inference of malice arising from the publication of matter prejudicial to the character of the plaintiff, and throws upon him the onus of proving malice in fact...
Halaman 412 - The state of Georgia, by giving to the bank the capacity to sue and be sued, voluntarily strips itself of its sovereign character, so far as respects the transactions of the bank, and waives all the privileges of that character.
Halaman 413 - As a member of a corporation, a government never exercises its sovereignty. It acts merely as a corporator and exercises no other power in the management of the affairs of the corporation than are expressly given by the incorporating act.
Halaman 173 - In all cases," says Lord Coke, "where a condition of a bond, recognizance, etc., is possible at the time of making of the condition, and before the same can be performed, the condition becomes impossible by the act of God, or of the law, or of the obligee, etc., there the obligation, etc., is saved.
Halaman 48 - The agent is also personally liable to third persons for his own misfeasances and positive wrongs. But he is not, in general (for there are exceptions), liable to third persons for his own nonfeasances or omissions of duty, in the course of his employment. His liability, in these latter cases, is solely to his principal, there being no privity between him and such third persons, but the privity exists only between him and his principal.