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, Volume 85
Bancroft-Whitney, 1887 - Law reports, digests, etc
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action actual adverse possession agent alleged Allen amount answer appear appellant applied assignment authority Bank bill bond carriers cause charge cited claim common conclusive consideration constitute contract conveyed corporation court creditor damages debt deed defendant determined duty effect ejectment entitled equity error evidence execution existence express facts fraud give given grant ground held injury instructions intention interest Iowa issue Johns judge judgment jury land liability limits matter means ment mortgage necessary negligence notice objection officer opinion owner paid party passed payment person plaintiff possession premises present principal prove purchase question reason received record recover referred respect rule secure Smith statute subsequent sufficient suit sustained taken tion tort trial valid verdict void witness writ
Page 657 - This statute is in derogation of the common law, therefore it is not to be extended by implication or construction. "As a rule of exposition, statutes are to be construed in reference to the principles of the common law ; for it is not to be presumed that the legislature intended to make any innovation upon the common -law, further than the case absolutely required.
Page 59 - ... before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation: " I do solemnly swear (or affirm, as the...
Page 161 - 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 182 - All deeds of gift, all conveyances, and all transfers or assignments, verbal or written, of goods, chattels or things in action, made in trust for the use of the person making the same, shall be void as against the creditors existing or subsequent of such person.
Page 639 - By the constitution of the United States the president is invested with certain important political powers, in the exercise of which he is to use his own discretion, and is accountable only to his country in his political character, and to his own conscience.
Page 62 - An action for relief on the ground of fraud, the cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud. Within two years : An action upon a contract, obligation, or liability, not founded upon an instrument in writing...
Page 805 - Tf a person kill another in self-defense, it must appear that the danger was so urgent and pressing that in order to save his own life, or to prevent his receiving great bodily harm, the killing of the other was absolutely necessary...
Page 780 - Insurance is a contract upon speculation. The special facts, upon which the contingent chance is to * be computed, lie most commonly in the knowledge of the insured only : the underwriter trusts to his representation, and proceeds upon confidence that he does not keep back any circumstance in his knowledge, to mislead the underwriter into a belief that the circumstance does not exist, and to induce him to estimate the risk as if it did not exist.
Page 85 - Stat. 244, 246, c. 145, it was provided " that all the public lands in the State of California, whether surveyed or unsurveyed, with the exception of sections sixteen and thirty-six, which shall be and hereby are granted to the State for the purposes of public schools...