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action agreement alleged amount Appeal from Probate appellee appointed Asylum street attorney ballots Bion brought cause charge city of Hartford claim commission commissioners committee complaint Conn Connecticut constructive trust contract conveyance counsel County court of equity court of probate creditors damages debtor debts deed defendant defendant's demurrer dollars duty entitled equity error evidence farm fendant ferry finding fraud habeas corpus Hartford County Haussman Haven Haven County held highway injury insolvency intention issued James Stout judges concurred judgment jurisdiction jury justice land legislature lien LOOMIS matter ment negligence North Canaan notice objection opinion paid parties payment person plaintiff present probate court proceedings procured purpose question R. R. Co railroad company reason recover resulting trust rule selectmen SEYMOUR and TORRANCE statute suit Superior Court testator thereof tion town trial trust void Waterbury writ York
Page 279 - ... the party of the first part shall pay to the party of the second part...
Page 57 - It must be conceded that there are such rights in every free government beyond the control of the State. A government which recognized no such rights, which held the lives, the liberty, and the property of its citizens subject at all times to the absolute disposition and unlimited control of even the most democratic depository of power, is after all but a despotism. It is true it is a despotism of the many, of the majority, if you choose to call it so, but it is none the less a despotism.
Page 492 - Each week's failure on the part of any person to comply with the provisions of the preceding section shall be a distinct offense, punishable with a fine not exceeding $5.
Page 144 - Either husband or wife may enter into any engagement or transaction with the other, or with any other person, respecting property, which either might if unmarried; subject, in transactions between themselves, to the general rules which control the actions of persons occupying confidential relations with each other, as defined by the title on trusts.
Page 265 - ... the plaintiff himself so far contributed to the misfortune by his own negligence or want of ordinary and common care and caution, that, but for such negligence or want of ordinary care and caution on his part, the misfortune would not have happened.
Page 107 - The general rule is well settled that the estoppel of a former judgment extends to every material matter within the issues which was expressly litigated and determined, and also to those matters which, although not expressly determined, are comprehended and involved in the thing expressly stated and decided, whether they were or were not actually litigated or considered.
Page 56 - The State may mould local institutions according to its views of policy or expediency; but local government is matter of absolute right; and the State cannot take it away. It would be the boldest mockery to speak of a city as possessing municipal liberty where the State not only shaped its government, but at discretion sent in its own agents to administer it; or to call that system one of constitutional freedom under which it should be equally admissible to allow the people full control of their...
Page 83 - The judicial power of the State shall be vested in a Supreme Court of Errors, a Superior Court, and such inferior courts as the General Assembly shall, from time to time, ordhin and establish ; the powers and jurisdiction of which courts shall be defined by law. SEC. 2. There shall be appointed in each county a sufficient number of justices of the peace, with such jurisdiction in civil and criminal cases as the General Assembly may prescribe.
Page 587 - Election is the choosing between two rights by a person who derives one of them under an instrument in which a clear intention appears that he should not enjoy both.
Page 156 - That there are euch trusts is well recognized; but it is equally well settled that trusts of this character are those technical and continuing trusts which are not recognized at law, but fall within the proper, peculiar, and exclusive jurisdiction of a court of equity.