The Southeastern Reporter, Volume 10West Publishing Company, 1890 - Law reports, digests, etc |
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Results 1-5 of 82
Page 11
... considered by the court , were sustained ; and afterwards , on the 14th day of February , 1887 , the plain- tiffs tendered another amended declaration to each count of which the defendants de- murred , W. Va . ) 11 KLINE . MOLAIN .
... considered by the court , were sustained ; and afterwards , on the 14th day of February , 1887 , the plain- tiffs tendered another amended declaration to each count of which the defendants de- murred , W. Va . ) 11 KLINE . MOLAIN .
Page 27
... considered as determining the ju- risdiction of the justice . " In the case under consideration only $ 300 was claimed in the summons , and the plaintiff could not go beyond that amount in his recovery , no matter what might be the ...
... considered as determining the ju- risdiction of the justice . " In the case under consideration only $ 300 was claimed in the summons , and the plaintiff could not go beyond that amount in his recovery , no matter what might be the ...
Page 28
... considered the damage done to the farm by said fire , it appears to me that the court below erred in allowing said testimony to go to the jury for two rea- sons - First , because he estimates the dam- age done to the entire farm ...
... considered the damage done to the farm by said fire , it appears to me that the court below erred in allowing said testimony to go to the jury for two rea- sons - First , because he estimates the dam- age done to the entire farm ...
Page 30
... considered the de- murrer to the evidence , taken by the defend- ant and joined in by the plaintiff , and hav- ing , maturely considered the matters of law arising on the said demurrer to the evi- dence , is of opinion that the said ...
... considered the de- murrer to the evidence , taken by the defend- ant and joined in by the plaintiff , and hav- ing , maturely considered the matters of law arising on the said demurrer to the evi- dence , is of opinion that the said ...
Page 31
... considered as established by urement , and as he gives it as 157 % in an- the evidence demurred to . ' " This doctrine other part of his evidence , this is a clerical is laid down also in Fowler v . Railroad or typographical error in ...
... considered as established by urement , and as he gives it as 157 % in an- the evidence demurred to . ' " This doctrine other part of his evidence , this is a clerical is laid down also in Fowler v . Railroad or typographical error in ...
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Common terms and phrases
action administrator affidavit aforesaid agreement alleged amendment amount appeal appellees assigned authority bill bond Callihan cause cause of action charge circuit court claim Code complaint contract corporation counsel court of equity Court of Georgia Court of North creditors damages debt deceased declaration decree deed defendant in error defendant's demurrer entitled Eustace Gibson evidence exceptions execution executor fact fendant filed grant ground held indictment injury interest issue judge judgment jury justice land liable lien ment MERRIMON mortgage motion negligence nonsuit North Carolina notice opinion overruled owner paid parties payment person plain plaintiff in error possession purchase question Railroad Co railroad company reason received recover refused rendered rule S. E. Rep separate estate Smith sold statute suit superior court Supreme Court surety sustained taxes term testator testimony thereof tiff tion tract trial trustee verdict wife witness
Popular passages
Page 139 - But neither the Amendment, broad and comprehensive as it is, nor any other amendment was designed to interfere with the power of the State, sometimes termed its ' police power,' to prescribe regulations to promote the health, peace, morals, education and good order of the people, and to legislate so as to increase the industries of the State, develop its resources and add to its wealth and prosperity.
Page 83 - ... any interest in or concerning them, or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith...
Page 315 - That religion or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence ; and, therefore, all men are equally entitled to the free exercise of religion, according to the dictates of conscience ; and that it is the mutual duty of all to practice Christian forbearance, love and charity towards each other.
Page 264 - When the death of one is caused by the wrongful act or omission of another, the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained an action, had he lived, against the latter for an injury for the same act or omission.
Page 281 - The property which every man has in his own labor, as it is the original foundation of all other property, so it is the most sacred and inviolable.
Page 280 - That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.
Page 114 - So we think, upon the whole, the law being as we have stated it to be, that there was no error on the part of the court in refusing to grant the nonsuit.
Page 278 - They may however be all comprehended under the following general heads : protection by the government ; the enjoyment of life and liberty, with the right to acquire and possess property of every kind and to pursue and obtain happiness and safety ; subject nevertheless to such restraints as the government may justly prescribe for the general good of the whole.
Page 278 - The Courts are not bound by mere forms, nor are they to be misled by mere pretenses. They are at liberty — indeed, are under a solemn duty — to look at the substance of things, whenever they enter upon the inquiry whether the legislature has transcended the limits of its authority.
Page 280 - The liberty mentioned in that amendment means not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties; to be free to use them in all lawful ways ; to live and work where he will ; to earn his livelihood by any lawful calling ; to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper,...