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], Volumen68Abraham Clark Freeman Bancroft-Whitney Company, 1899 |
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The American State Reports: Containing the Cases of General Value ..., Volumen43 Vista completa - 1895 |
Términos y frases comunes
action adverse possession agent agreement alleged appellant appellee apply attachment authority bank bill cause charge cited claim common law complaint constitution contract contributory negligence conveyance corporation court of equity creditors damages debt decree deed defendant defendant's dollars dower duty enforce Enoree river entitled evidence execution fact foreclosure fraud fraudulent habeas corpus held husband indictment indorsement injury intent interest Iowa issue judge judgment judgment debtor jurisdiction jury justice land liability lien lumber marriage ment monographic note mortgage municipal negligence owner paid party payment person plaintiff in error possession premises proceedings purchaser purpose question railroad real estate reason received recover redemptioner refused rule sell sold specific performance statute statute of limitations stockholders suit thereof tion trial trust valid verdict void widow wife writ
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Página 316 - Now, if the special circumstances under which the contract was actually made were communicated by the plaintiffs to the defendants and thus known to both parties, the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
Página 611 - Illinois hereby releasing and waiving all rights under and by virtue of the Homestead Exemption Laws of the State of Illinois.
Página 118 - Territory to which such person has fled to cause him to be arrested and secured, and to cause notice of the arrest to be given to the executive authority making such demand, or to the agent of such authority appointed to receive the fugitive, and to cause the fugitive to be delivered to such agent when he shall appear.
Página 352 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Página 316 - But, on the other hand, if these special circumstances were wholly unknown to the party breaking the contract, he at the most, could only be supposed to have had in his contemplation the amount of injury which would arise generally, and in the great multitude of cases not affected by any special circumstances, from such a breach of contract.
Página 888 - No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this title, unless the same be contained in some writing signed by the party to be charged thereby; but this section shall not alter the effect of any payment of principal or interest.
Página 336 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Página 75 - Parties or assignors of parties to an action or proceeding, or persons in whose behalf an action or proceeding is prosecuted, against an executor or administrator upon a claim, or demand against the estate of a deceased person, as to any matter or fact occurring before the death of such deceased person.
Página 94 - An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is, in legal contemplation, as inoperative as though it had never been passed.
Página 175 - The powers of the government shall be divided into three distinct departments — the Legislative, Executive and Judicial ; and no person or persons belonging to, or constituting one of these departments, shall exercise any of the powers properly belonging to either of the others, except as herein expressly provided.