The American State Reports: Containing the Cases of General Value and Authority Subsequent to Those Contained in the "American Decisions" [1760-1869] and the "American Reports" [1869-1887] Decided in the Courts of Last Resort of the Several States [1886-1911], Volume 45
Bancroft-Whitney Company, 1895 - Law reports, digests, etc
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action agent alleged amount answer appellant applied assignment attachment attorney authority Bank benefit bill cause charge claim condition constitution contract corporation court creditors damages debt decision deed defendant determined direct dollars duty effect entered entitled equity error evidence execution exercise existence fact follows fraud further give given grant ground held hold injury instruction intention interest issued judge judgment jury justice land liable lien limited loss matter ment mortgage nature necessary negligence notice objection obtained officers opinion owner paid party pass payment person plaintiff possession present principle proceedings proceeds purchase question reason received recover reference result rule secured statute sufficient suit taken tion trial trust unless valid wife witness
Page 253 - Every act shall embrace but one subject and matters properly connected therewith ; which subject shall be expressed in the title. But if any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
Page 332 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 715 - If the thing wanting, or which failed to be done, and which constitutes the defect in the proceedings, is something the necessity for which the legislature might have dispensed with by prior statute, then it is not beyond the power of the legislature to dispense with it by subsequent statute. And if the irregularity consists in doing some act, or in the mode or manner of doing some act which the legislature might have made immaterial by prior law, it is equally competent to make the same immaterial...
Page 286 - ... giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully, to all intents and purposes, as I might or could do if personally present...
Page 243 - Negligence is the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances of the situation, or doing what such a person under the existing circumstances would not have done.
Page 65 - I will abstain from all offensive personality, and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which I am charged; I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay any man's cause for lucre or malice. So HELP ME GOD.
Page 96 - Any city having a population of more than one hundred thousand inhabitants, may frame a charter for its own government, consistent with and subject to the constitution and laws of this state...
Page 250 - No county, city, township, school district or other municipal corporation, shall be allowed to become indebted in any manner or for any purpose to an amount, including existing indebtedness, in the aggregate exceeding five per centum on the value of the taxable property therein, to be ascertained by the last assessment for State and county taxes, previous to the incurring of such indebtedness.
Page 828 - To hold, purchase and convey such real and personal estate, as the purposes of the corporation shall require, not exceeding the amount limited in its charter:
Page 284 - ... 1. Actual annexation to the realty, or something appurtenant thereto. 2. Appropriation to the use or purpose of that part of the realty with which it is connected. 3. The intention of the party making the annexation, to make the article a permanent accession to the freehold...