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 40Abraham Clark Freeman Bancroft-Whitney Company, 1911 |
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Halaman 33
... judgment absolutely void , and for which the injured party had an adequate remedy by appeal or writ of error , or other proceeding , can be urged or reviewed on certiorari , whether it be an error of law , as in admitting or rejecting ...
... judgment absolutely void , and for which the injured party had an adequate remedy by appeal or writ of error , or other proceeding , can be urged or reviewed on certiorari , whether it be an error of law , as in admitting or rejecting ...
Halaman 34
... judgment must be employed , does not prove that it is judicial and therefore subject to review : People v . Walter , 68 N. Y. 403 ; People v . Board of Commrs . , 97 N. Y. 37 ; People v . Kelly , 24 N. Y. 74 ; and even when the act is ...
... judgment must be employed , does not prove that it is judicial and therefore subject to review : People v . Walter , 68 N. Y. 403 ; People v . Board of Commrs . , 97 N. Y. 37 ; People v . Kelly , 24 N. Y. 74 ; and even when the act is ...
Halaman 36
... judgment , or order sought to be reviewed or some part of it , was beyond the jurisdiction of the court or other judicial tribunal . In other words , a decision upon certiorari in favor of the applicant amounts only to a judicial ...
... judgment , or order sought to be reviewed or some part of it , was beyond the jurisdiction of the court or other judicial tribunal . In other words , a decision upon certiorari in favor of the applicant amounts only to a judicial ...
Halaman 51
... judgment and order should be reversed and the cause remanded , with directions to the court below to enter judgment in favor of the appellants . SEARLS , C. , and HAYNES , C. , concurred . For the reasons given in the foregoing opinion ...
... judgment and order should be reversed and the cause remanded , with directions to the court below to enter judgment in favor of the appellants . SEARLS , C. , and HAYNES , C. , concurred . For the reasons given in the foregoing opinion ...
Halaman 78
... judgment is contrary to the findings , and not warranted by the facts as found in the case . The facts as found by the court may be epitomized as follows : 1. The city of San Diego , being the owner of pueblo lot 1215 , on the seventh ...
... judgment is contrary to the findings , and not warranted by the facts as found in the case . The facts as found by the court may be epitomized as follows : 1. The city of San Diego , being the owner of pueblo lot 1215 , on the seventh ...
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action affirmed agent agreement alimony alleged appellant appellee applied attorney authority bank bond bromine cause cause of action certiorari charge claim common law constitution contract conveyance corporation court court of equity creditors damages debt debtor declared decree deed defendant delivered delivery demurrer district dollars duty effect entitled equity evidence execution extended note fact fraud granted habeas corpus held impeachment indorsed injury issued judge judgment judicial jurisdiction jury land legislature liability lien lis pendens marriage ment mortgage municipal municipal corporation N. J. Eq negligence notice officer Ohio St opinion ordinance parties partner partnership payment person petition plaintiff in error proceedings prosecution purchaser purpose question railroad Reading Railroad Company reason recover rule statute sureties testator thereof tion trial trustees verdict void Wilmington witness writ
Bagian yang populer
Halaman 140 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it. either expressly, or as incidental to its very existence.
Halaman 641 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith or some other person thereunto...
Halaman 881 - Territory, so long as such rights shall remain unextinguished by treaty between the United States and such Indians, or to include any territory which, by treaty with any Indian tribe, is not, without the consent of said tribe, to be included within the territorial limits or jurisdiction of any State or Territory...
Halaman 140 - It is chiefly for the purpose of clothing bodies of men, in succession, with these qualities and capacities, that corporations were invented, and are in use. By these means a perpetual succession of individuals are capable of acting for the promotion of the particular object, like one immortal being.
Halaman 646 - that the council shall have the care, supervision and control of all public highways, streets, avenues, alleys, sidewalks, public grounds and bridges within the corporation, and shall cause the same to be kept open and in repair and free from nuisance.
Halaman 449 - Misconduct of the jury; and whenever any one or more of the jurors have been induced to assent to any general or special verdict, or to a finding on any question submitted to them by the court, by a resort to the determination of chance, such misconduct may be proved by the affidavit of any one of the jurors ; 3.
Halaman 442 - The homestead is subject to execution or forced sale in satisfaction of judgments obtained: 1. Before the declaration of homestead was filed for record, and which constitute liens upon the premises.
Halaman 75 - If the thing wanting or which failed to be done, and which constitutes the defect in the proceedings, is something the necessity for which the legislature might have dispensed with by prior statute, then it is not beyond the power of the legislature to dispense with it by subsequent statute. And if the irregularity consists in doing some act, or in the mode or manner of doing some act, which the legislature might have made immaterial by prior law, it is equally competent to make the same immaterial...
Halaman 176 - Its defenses are that the policy was not in force at the time of the accident, because...
Halaman 859 - Damages arising from mere sudden terror, unaccompanied by any actual physical injury, but occasioning a nervous or men al shock, cannot, under such circumstances, their lordships think, be considered a consequence which, in the ordinary course of things, would flow from the negligence of the gatekeeper.