The American Reports: Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States with Notes and References, Volume 1Bancroft-Whitney, 1871 - Law reports, digests, etc |
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action affirmed agent agreement appeal appellee applied authority Bank barratry bill bill of lading cause charge cited citizens claim commerce common carriers common law constitution contract corporation court of equity creditor damages debt decision declared deed defendant defendant's delivered discharge doctrine domicile duty eminent domain entitled equity estoppel evidence execution exercise fact favor fraud freight ground held indorsement instrument intention interest Iowa judge judgment jurisdiction jury Justice land legislature liable license ment mortgage negligence notice opinion owner paid parties payment person plaintiff plaintiff in error Polk County principle promissory note provisions purchase purpose question railroad company Railway reason recover reference road rule statute statute of frauds statute of limitations suit supreme court surety sustained taxation Telegraph Company testator thereof tion trial trust valid verdict Wapello County York
Popular passages
Page 475 - It is not mere possible doubt; because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Page 59 - The right of a citizen of one State, to pass through or to reside in any other State, for purposes of trade, agriculture, professional pursuits, or otherwise ; to claim the benefit of the writ of habeas corpus ; to institute and maintain actions of any kind in the courts of the State ; to take, hold, and dispose of property, either real or personal ; and an exemption from higher taxes or impositions than are paid by the other citizens of the State...
Page 349 - State authority, at the place where such bank is located and not elsewhere, but not at a greater rate than is assessed upon other moneyed capital in the hands of individual citizens of such State...
Page 572 - ... except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...
Page 395 - They form a portion of that immense mass of legislation which embraces everything within the territory of a State not surrendered to the General Government, all which can be most advantageously exercised by the States themselves. Inspection laws, quarantine laws, health laws, of every description, as well as laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, etc., are component parts of this mass.
Page 131 - There was no evidence in the case tending to show "that the brakeman struck the plaintiff in personal resentment of some insult offered him by the plaintiff...
Page 474 - When committed in the lawful defense of such person, or of a wife or husband, parent, child, master, mistress, or servant of such person, when there is reasonable ground to apprehend a design to commit a felony or to do some great bodily injury, and imminent danger of such design being accomplished...
Page 16 - That where any conveyance shall be made of any lands or tenements by which a trust or confidence shall or may arise or result by the implication or construction of law, or be transferred or extinguished by an act...
Page 411 - But the rule of law is clear, that, where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time."* In Freeman v.
Page 398 - It is admitted that the power of taxing the people and their property is essential to the very existence of government, and may be legitimately exercised on the objects to which it is applicable, to the utmost extent to which the government may choose to carry it.