Delaware Reports: Containing Cases Decided in the Supreme Court (excepting Appeals from the Chancellor) and the Superior Court and the Orphans Court of the State of Delaware, Том 18David Thomas Marvel, John W. Houston, James Pennewill, Samuel Maxwell Harrington, William Henry Boyce, William Watson Harrington, William J. Storey, Charles L. Terry Mercantile Print. Company, 1901 |
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Сторінка 8
... meaning of the law . That a permissive way , if the jury should find that such way existed , did not involve any other use thereof by the plaintiff than merely to pass over the land of the company , and would not war- rant him in so ...
... meaning of the law . That a permissive way , if the jury should find that such way existed , did not involve any other use thereof by the plaintiff than merely to pass over the land of the company , and would not war- rant him in so ...
Сторінка 44
... meaning . We therefore say to you , that by the written agreement sued upon , the plaintiff did not guarantee the mill to be in good order , or fit or suitable for sawing said timber ; nor did he by said agreement undertake or promise ...
... meaning . We therefore say to you , that by the written agreement sued upon , the plaintiff did not guarantee the mill to be in good order , or fit or suitable for sawing said timber ; nor did he by said agreement undertake or promise ...
Сторінка 73
... meaning of said act is , that the said act has by its terms , meaning and effect , relieved the city from all damages to which it was admitted the city was heretofore liable , and placed the same upon the owner of the premises or ...
... meaning of said act is , that the said act has by its terms , meaning and effect , relieved the city from all damages to which it was admitted the city was heretofore liable , and placed the same upon the owner of the premises or ...
Сторінка 74
... meaning as to the clause relied on has no connec- tion whatever with the spirit and meaning of said act — we will , however , consider the said act as being separate and apart , and the question then comes , does said act relieve the ...
... meaning as to the clause relied on has no connec- tion whatever with the spirit and meaning of said act — we will , however , consider the said act as being separate and apart , and the question then comes , does said act relieve the ...
Сторінка 77
... meaning of the law is , that property owners shall be held liable and responsible for any acts done on sidewalks by them from which injury happens , but was never intended or meant in the slightest degree to shield or protect the city ...
... meaning of the law is , that property owners shall be held liable and responsible for any acts done on sidewalks by them from which injury happens , but was never intended or meant in the slightest degree to shield or protect the city ...
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action affidavit aforesaid agent alleged amended Attorney-General authority bail bond Bay Shore bill cars Castle County cause character character evidence CHARGE OF COURT charging the jury Charles Shearer charter circumstances claim common law Constitution contract corporation counsel creditor criminal damages deceased defective defendant defendant's demurrer Dover and Milford duty entitled evidence exercise fact fendant filed footways garnishee guilty Harr held to bail Houst husband Ibid indictment injury issue Judge judgment jurisdiction Justice Kent County land Legislature liability lien LORE malice matter ment mortgage negligence nonsuit offense OPINION OF COURT owner party payment PENNEWILL and BOYCE person plaintiff plaintiff in error plea in abatement premises proceedings proved quash question railroad Railway Company reasonable doubt received record recover replevin rule scire facias Section servant sheriff SPRUANCE statute streets sufficient Superior Court surety SYLLABUS testimony therein thereof tion verdict witness writ
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Сторінка 353 - ... the jurors ought to be told in all cases that every man is to be presumed to be sane, and to possess a sufficient degree of reason to be responsible for his crimes until the contrary be proved to their satisfaction ; and that to establish a defence on the ground of insanity, it must be clearly proved that at the time of...
Сторінка 91 - By the law of the land is most clearly intended the general law; a law which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial. The meaning is, that every citizen shall hold his life, liberty, property, and immunities under the protection of the general rules which govern society. Everything which may pass under the form of an enactment is not, therefore, to be considered the law of the land.
Сторінка 46 - ... would tend in many instances to substitute a new and different contract for the one which was really agreed upon, to the prejudice, possibly, of one of the parties, is rejected. In other words, as the rule is now more briefly expressed, "parol contemporaneous evidence is inadmissible to contradict or vary the terms of a valid written instrument.
Сторінка 110 - Gray, 84, is applicable, that if the different parts "are so mutually connected with and dependent on each other, as conditions, considerations or compensations for each other, as to warrant a belief that the legislature intended them as a whole, and that, if all could not be carried into effect, the legislature would not pass the residue independently, and some parts are unconstitutional, all the provisions which are thus dependent, conditional or connected, must fall with them.
Сторінка 116 - ... by virtue of such employment, receive or take into his possession any chattel, money, or valuable security for or in the name or on the account of his master...
Сторінка 110 - And if they are so mutually connected with and dependent on each other, as conditions, considerations, or compensations for each other, as to warrant the belief that the legislature intended them as a whole, and...
Сторінка 85 - It is but a decent respect due to the wisdom, the integrity, and the patriotism of the legislative body by which any law is passed, to presume in favor of its validity, until its violation of the constitution is proved beyond all reasonable doubt.
Сторінка 508 - ... unless the agreement, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Сторінка 222 - TERM, may be in every case a preliminary question for the judge, not whether there is literally no evidence, but whether there is any upon which a jury can properly proceed to find a verdict for the party producing it, upon whom the burden of proof is imposed.
Сторінка 90 - And it appears in our books, that in many cases, the common law will control acts of parliament, and sometimes adjudge them to be utterly void ; for when an act of parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will control it, and adjudge such act to be void ; and therefore in 8 E 330 ab Thomas Tregor's case on the statutes of W.