The American Decisions: Containing All the Cases of General Value and Authority Decided in the Courts of the Several States, from the Earliest Issue of the State Reports to the Year 1869, Tập 47Bancroft-Whitney, 1886 |
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action agent alleged allowed amount answer appear applied authority bill bond brought cause charge circumstances cited claim common consideration considered constitution contract conveyed court covenant creditors debt decided decision decree deed defendant direct easement effect entitled equity error established evidence examination execution existence fact fraud give given granted ground guardian held husband intent interest issue judge judgment jurisdiction jury justice land lien matter means mortgage nature necessary notice objection opinion original owner paid party pass payment person plaintiff plea possession premises present principal prisoner proceedings proof prove purchaser question reason received record recover referred regarded rendered respect rule sold statute street sufficient suit sustained taken term tion trade-mark trial true trust unless valid void wife witness
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Trang 781 - ... to establish a defense on the ground of insanity, it must be clearly proved, that, at the time of committing the act, the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing ; or, if he did know it, that he did not know he was doing what was wrong.
Trang 470 - The only general rule that can be laid down upon the subject is, that the circumstances must be such as would lead the guarded discretion of a reasonable and just man to the conclusion...
Trang 421 - ... signed by the testator, or by some person in his presence, and by his express direction, and attested and subscribed in the presence of the testator by two or more competent witnesses...
Trang 70 - Where a court has Jurisdiction, It has a right to decide every question which occurs In the cause, and, whether Its decision be correct or otherwise, Its Judgment, until reversed, Is regarded as binding In every other court But, If It act without authority, Its Judgments and orders are regarded as nullities. They are not voidable, but simply void, and form no bar to a recovery sought, even prior to a reversal, in opposition to them.
Trang 69 - If the law confers the power to render a judgment or decree, then the court has jurisdiction; what shall be adjudged or decreed between the parties, and with which is the right of the case, is judicial action, by hearing and determining it.
Trang 651 - To bring a person within the description of a common carrier he must exercise it as a public employment ; he must undertake to carry goods for persons generally, and he must hold himself out as ready to engage in the transportation of goods for hire, as a business, not as a casual occupation pro hac vice.
Trang 430 - The court instructed the jury that if they found from the evidence that the...
Trang 592 - ... is apt to lead one, a principle of malevolence to particulars ; for the law, by the term malice, malitia, in this instance, meaneth that the fact hath been attended with such circumstances as are the ordinary symptoms of a wicked heart regardless of social duty, and fatally bent upon mischief.
Trang 446 - ... not known or used by others in this country before his invention or discovery thereof, and not patented or described in any printed publication in this or any foreign country before his invention or discovery thereof...
Trang 70 - This distinction runs through all the cases on the subject, and it proves that the jurisdiction of any court exercising authority over a subject may be inquired into in every court, when the proceedings of the former are relied on and brought before the latter by the party claiming the benefit of such proceedings.