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 91Abraham Clark Freeman Bancroft-Whitney Company, 1903 |
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Common terms and phrases
admissible adverse possession agent alleged appellant appellee applied attorney authority ballot Bank bill breach cause of action charge clerk common law complaint constitution contract conveyance corporation cotenant creditor damages deceased defendant defendant's dollars duty election employé entitled error evidence execution fact failure former trial fraud funds held injury interest interpleader Iowa judgment jurisdiction jury justice land legislature lex fori lex loci solutionis liability matter ment mining claim Minn monographic note mortgage negligence official bond Ohio St owner parties payment person plaintiff plaintiff in error plea possession primary election principle purchase purpose question reason received recover replevin rule sheriff statute of limitations streets suit sureties tenant in common testimony thereof tion valid void witness
Popular passages
Page 918 - the first general maxim of interpretation is, that it is not allowable to interpret what has no need of interpretation.
Page 666 - ... (3) have not been duly scheduled in time for proof and allowance, with the name of the creditor if known to the bankrupt, unless such creditor had notice or actual knowledge of the proceedings in bankruptcy; or (4) were created by his fraud, embezzlement, misappropriation, or defalcation while acting as an officer or in any fiduciary capacity.
Page 471 - State during the six months immediately preceding such election, and shall have declared his intention to become a citizen of the United States, conformably to the laws of the United States on the subject of naturalization, shall be entitled to vote in the township or precinct where he may reside.
Page 475 - There are certain vital principles in our free republican governments, which will determine and overrule an apparent and flagrant abuse of legislative power; as to authorize manifest injustice by positive law; or to take away that security for personal liberty, or private property, for the protection whereof the government was established.
Page 102 - ... shall be open to relocation in the same manner as if no location of the same had ever been made, provided that the original locators, their heirs, assigns, or legal representatives, have not resumed work upon the claim after failure and before such location.
Page 635 - Whenever the death of a person shall be caused by the wrongful act, neglect, or default of another, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action...
Page 636 - ... whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Page 88 - It is undoubtedly settled law that a judgment of a court of competent jurisdiction, upon a question directly involved in one suit, is conclusive as to that question in another suit between the same parties. But to this operation of the judgment it must appear, either upon the face of the record or be shown by extrinsic evidence, that the precise question was raised and determined in the former suit.
Page 233 - If a voter marks more names than there are persons to be elected to an office, or if, for any reason, it is impossible to determine the voter's choice for any office to be filled, his ballot shall not be counted for such office.
Page 487 - The general principle in relation to contracts made in one place to be executed in another, is well settled. They are to be governed by the law of the place of performance; and if the interest allowed by the laws of the place of performance...