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action affidavit affirmed agent alleged allowed amendment amount answer appeal assigned attachment authority bank bond cause charge circuit claim Code complaint contract conveyed counsel debt decree deed defendant delivered duty effect entitled erred error evidence exception execution fact failed fendant filed further give given grant ground held holding interest issue John Judge judgment jury land liability March matter ment mortgage motion necessary negligence notice objection opinion original paid parties payment person plaintiff possession present proceeding purchase question Railroad reason received record recover referred refused rendered reversed rule signed sold statement statute sufficient suit superior court Supreme Court sustained taken term testimony thereof tion tract trial verdict wife witness
Page 372 - ... as to the interest of the mortgagee, [or trustee] only therein, shall not be invalidated by any act or neglect of the mortgagor or owner...
Page 339 - The general rule resulting from considerations as well of justice as of policy is that he who engages in the employment of another for the performance of specified duties and services, for compensation, takes upon himself the natural and ordinary risks and perils incident to the performance of such services, and, in legal presumption, the compensation is adjusted accordingly.
Page 328 - Before making the order the judge shall require a written undertaking on the part of the plaintiff, with or without sureties, to the effect that if the defendant recover judgment, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the arrest, not exceeding the sum specified in the undertaking, which shall be at least two hundred and fifty dollars.
Page 351 - To have and to hold the said tract or parcel of land with its appurtenances to the said George Waid, Sr., and his heirs forever.
Page 10 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 339 - And we are not aware of any principle which should except the perils arising from the carelessness and negligence of those who are in the same employment.
Page 115 - That in all capital or criminal prosecutions, a man hath a right to demand the cause and nature of his accusation...
Page 355 - Any employee who goes on strike contrary to the provisions of this act shall be liable to a fine of not less than $10 nor more than $50 for each day or part of a day that such employee is on strike...
Page 266 - ... is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as between him and the plaintiff, by accident, if I may so say.