Reports of the Cases Argued and Determined in the Supreme Court of Tennessee During the Years 1851-[1853]: 1852/1853

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Halaman 303 - If, indeed, the money is intentionally paid, without reference to the truth or falsehood of the fact, the plaintiff meaning to waive all inquiry into it, and that the person receiving shall have the money at all events, whether the fact be true or false, the latter is certainly entitled to retain it...
Halaman 16 - ... but the public have an easement therein for the purposes of transportation and commercial intercourse. A distinction is taken by the common law between streams which, in the common acceptation of the term, are suited to some purposes of navigation, and small, shallow streams which are not so.
Halaman 16 - If the river be a public navigable stream, in the legal sense, the soil covered by the water, as well as the use of the stream, belongs to the public.
Halaman 13 - ... carry the exclusive right and title of the grantee to the centre of the stream, unless the terms of the grant clearly denote the intention to stop at the edge or margin of the river...
Halaman 189 - The constitution did not mean to confer any new power on the states, but simply to regulate the effect of their acknowledged jurisdiction over persons and things within their territory.
Halaman 300 - ... falsehood of the fact, the plaintiff meaning to waive all inquiry into it, and that the person receiving shall have the money at all events, whether the fact be true or false, the latter is certainly entitled to retain it; but if it is paid under the impression of the truth of a fact which is untrue, it may, generally speaking, be recovered back, however careless the party paying may have been, in omitting to use due diligence to inquire into the fact In such a case the receiver was not entitled...
Halaman 433 - ... road and for want of agreement as to the value thereof, or from any other cause, the same cannot be purchased from the owner or owners, the same may be taken at a valuation to be made by five commissioners or a majority of them, to be appointed by the Circuit Court of the County where some part of the land, or right of way is situated...
Halaman 81 - ... otherwise) that the bill of exceptions should be formally drawn and signed, before the trial is at an end. It will be sufficient, if the exception be taken at the trial, and noted by the *court, with [*658 the requisite certainty; and it may, afterwards, during the term, according to tne rules of the court, be reduced to form, and signed by the judge; and so, in fact, is the general practice.
Halaman 324 - But it appears to me to be something more than a mere contract. It is rather to be deemed an institution of society, founded upon the consent and contract of the parties ; and in this view it has some peculiarities in its nature, character, operation and extent of obligation, different from what belong to ordinary contracts.
Halaman 505 - Prerogative, 3-5, it is said, that the general rule is, that where an act of parliament is made for the public good, the advancement of religion and justice, and to prevent injury and wrong, the king shall be bound by such act, though not particularly named therein. But where a statute is general, and thereby any prerogative, right, title or interest is divested or taken from the king, in such case he shall not be bound ; unless the statute is made by express words, to extend to him.

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