American Law Reports Annotated, Том 57Lawyers Co-operative Publishing Company, 1928 |
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Сторінка 22
... fact was limited to " findings of fact on which to base the demurrer of the defendants . " We cannot construe such request as an intention on appellant's part to invite the court to weigh the evi- dence . When the demurrer was sus ...
... fact was limited to " findings of fact on which to base the demurrer of the defendants . " We cannot construe such request as an intention on appellant's part to invite the court to weigh the evi- dence . When the demurrer was sus ...
Сторінка 29
... fact that a constable ac- companies the mortgagee , who takes possession of certain live stock for breach of the conditions of the mort- gage , does not constitute a trespass , where it does not appear that the con- stable was taken ...
... fact that a constable ac- companies the mortgagee , who takes possession of certain live stock for breach of the conditions of the mort- gage , does not constitute a trespass , where it does not appear that the con- stable was taken ...
Сторінка 47
... fact . In the instant case , the question of negligence of Hall was properly submitted to the jury , and the jury's finding on a ques- tion of fact proper- ly submitted to them cannot be disturbed by this court . Appellant next calls ...
... fact . In the instant case , the question of negligence of Hall was properly submitted to the jury , and the jury's finding on a ques- tion of fact proper- ly submitted to them cannot be disturbed by this court . Appellant next calls ...
Сторінка 49
... fact . The evidence on the ques- tions of negligence and contributory negligence , as well as on the ques- tion of damages , were questions of fact , and there was ample evidence to sustain the verdict of the jury . Finding no error ...
... fact . The evidence on the ques- tions of negligence and contributory negligence , as well as on the ques- tion of damages , were questions of fact , and there was ample evidence to sustain the verdict of the jury . Finding no error ...
Сторінка 51
... fact that the buyer had fused to purchase at the prices stated in the prior telegram , was evidently of the opinion that the buyer , upon receipt of the erroneous telegram , would assume , as an ordi- narily prudent man , that his ...
... fact that the buyer had fused to purchase at the prices stated in the prior telegram , was evidently of the opinion that the buyer , upon receipt of the erroneous telegram , would assume , as an ordi- narily prudent man , that his ...
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action affirmed agent alleged annotation appellant appellee applied authority Bank bonds building line cause charge claim Commission common law complaint Constitution contract contributory negligence corporation court of equity covenant Crim damages death decision deed defendant demurrer domicil duty dwelling house easement effect evidence ex rel execution executor fact fendant Fort Smith ground habeas corpus highway injunction injury interest judge judgment jurisdiction jury land liability ment mortgage mortgagor N. J. Eq N. Y. Supp negligence nuisance Okla opinion owner parties person plaintiff plat provision purchaser purpose question R. C. L. Supp railroad company reason record recover replevin restriction rule sion statute street suit supra Teleg testator timber tion trial court trust ultra vires valid vendee vendor verdict violation W. R. Co
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Сторінка 416 - Every person is entitled to a certain remedy in the laws, for all injuries, or wrongs which he may receive in his person, property, or character; he ought to obtain justice freely, and without being obliged to purchase it, completely and without denial,
Сторінка 431 - Cas. 696, that public policy requires that competent persons "shall have the utmost liberty of contracting, and that their contracts, when entered into fairly and voluntarily, shall be held sacred, and shall be enforced by courts of justice." The station grounds belong to the railroad company and it lawfully may put them
Сторінка 103 - yet, if it is applied and administered by public authority with an evil eye and an unequal hand, so as practically to make unjust and illegal discriminations between persons in similar circumstances, material to their rights, the denial of equal justice is still within the prohibition of the Constitution.
Сторінка 289 - Every procedure which would offer a possible temptation to the average man as a judge to forget the burden of proof required to convict the defendant, or which might lead him not to hold the balance nice, clear and true between the state and the accused, denies the latter due process of law.
Сторінка 673 - (a) is for some lawful object within its corporate purposes, and compatible with the public interest, which is necessary or appropriate for or consistent with the proper performance by the carrier of service to the public as a
Сторінка 135 - has no real or substantial relation to those subjects, or is a palpable invasion of rights secured by the fundamental law. If 'it does not appear upon the face of the statute, or from any facts of which the court must take judicial cognizance, that it infringes rights secured by the fundamental law, the legislative determination is conclusive.
Сторінка 513 - Nay, more, in the city of Los Angeles itself its needy childhood goes unfed and unclothed, its dependent womanhood unprotected and uncared for by organized charities, except they have a 'permit.' Surely here, if anywhere, is "'The organized charity, scrimped and iced, In the name of a cautious, statistical Christ.'
Сторінка 13 - obstruction in the road by the fault of the defendant, and no want of ordinary care to avoid it on the part of the plaintiff." There are obiter expressions in some of the cases apparently recognizing or assuming that contributory negligence would be a defense, even against a nuisance which would come within the category of absolute nuisances
Сторінка 193 - Nor shall any control of or interference with the rights of conscience be permitted." "Rights of conscience" means what? By conscience we mean that internal conviction or self-knowledge that tells us that a thing is right or wrong. It is
Сторінка 74 - The courts of justice of the state shall be open to every person, and speedy and certain remedy afforded for every wrong and for every injury to person, property, or reputation; and right and justice shall be administered without sale, denial, delay, or prejudice.