The American Decisions: Containing All the Cases of General Value and Authority Decided in the Courts of the Several States, from the Earliest Issue of the State Reports to the Year 1869, Volumen40Bancroft-Whitney, 1886 |
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The American Decisions: Containing All the Cases of General Value ..., Volumen83 Vista completa - 1887 |
The American Decisions: Containing All the Cases of General Value ..., Volumen37 Vista completa - 1886 |
The American Decisions: Containing All the Cases of General Value ..., Volumen62 Vista completa - 1886 |
Términos y frases comunes
action affirmed agent alleged amount appear applied assessed assignment ASSUMPSIT authority Bank Barb bill bond charge cited claim common carrier common law complainant contract corporation court court of chancery court of equity covenant creditor damages debt debtor decision declaration decree deed defendant delivered demand doctrine dollars entitled equity estoppel evidence execution executor facts fraud given grant ground heirs held indorser investment John Padgett judge judgment jurisdiction jury justice land legatees liable lien matter ment notice opinion owner paid party payable payment person plaintiff in error plea pleaded possession principle proceedings promise promissory note proof purchase question reason received recoup recover rule scire facias set-off sheriff SMEDES Smith sold statute statute of frauds sufficient suit surety sustained tenant testator tion trespass trial trover trustee usurious vendee verdict void warranty Wend witness writ
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Página 68 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Página 512 - English rule does not prevail, and "all that can be required of a trustee to invest is, that he shall conduct himself faithfully, and exercise a sound discretion. He is to observe how men of prudence, discretion, and intelligence manage their own affairs, not in regard to speculation, but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of the capital to be invested:
Página 278 - No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers.
Página 492 - ... deprived of his life, liberty, or property, unless by the judgment of his peers, or the law of the land.
Página 612 - And the said records and exemplifications, authenticated as aforesaid, shall have such faith and credit given to them in every court and office within the United States, as they have by law or usage in the courts or offices of the state from whence the same are or shall be taken.
Página 277 - SECTION 1. The Legislative power of this State shall be vested in a Senate and Assembly, which shall be designated the Legislature of the State of California...
Página 505 - ... it, yet if that line of duty be not strictly pursued, and any part of the property be invested by such personal representative in funds or upon securities not authorized, or be put within the control of persons who ought not to be intrusted with it, and a loss be thereby eventually sustained, such personal representative will be liable to make it good, however unexpected the result — however little likely to arise from the course adopted — and however free such conduct may have been from...
Página 421 - ... would not affect cases of indemnity, where one man employed another to do acts, not unlawful in themselves, for the purpose of asserting a right.
Página 277 - We know of no case, in which a legislative act to transfer the property of A to B, without his consent, has ever been held a constitutional exercise of legislative power in any State in the Union. On the contrary, it has been constantly resisted as inconsistent with just principles, by every judicial tribunal in which it has been attempted to be enforced.
Página 126 - ... in question in another Court ; secondly, that the judgment of a Court of exclusive jurisdiction, directly upon the point, is, in like manner, conclusive upon the same matter, between the same parties, coming incidentally in question in another Court for a different purpose. But neither the judgment of a concurrent or exclusive jurisdiction is evidence of any matter which came collaterally in question, though within their jurisdiction, nor of any matter incidentally cognisable, nor of any matter...