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], Band 3Abraham Clark Freeman Bancroft-Whitney Company, 1888 |
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Seite 80
... court founds its decision upon the same facts as governed the court below . " But this case ( Bennett v . Hardaway , supra ) was soon - to adopt the expressive phrase of Carr , J. , in Ewing v . Ewing , 2 Leigh , 340 - curtailed of its ...
... court founds its decision upon the same facts as governed the court below . " But this case ( Bennett v . Hardaway , supra ) was soon - to adopt the expressive phrase of Carr , J. , in Ewing v . Ewing , 2 Leigh , 340 - curtailed of its ...
Seite 81
... court , and revising the judg ment of the trying court upon lights and data inferior to those possessed by that court . The rule contended for will produce neither of these results . It refers no question as to the credit of the ...
... court , and revising the judg ment of the trying court upon lights and data inferior to those possessed by that court . The rule contended for will produce neither of these results . It refers no question as to the credit of the ...
Seite 93
... court on the demurrer to evidence filed by the defendant . The court sus- tained the demurrer and gave judgment for the defendant , to which judgment the plaintiff excepted . Other facts appear in the opinion . Meredith and Cocke , and ...
... court on the demurrer to evidence filed by the defendant . The court sus- tained the demurrer and gave judgment for the defendant , to which judgment the plaintiff excepted . Other facts appear in the opinion . Meredith and Cocke , and ...
Seite 98
... court did not err in overruling the demurrer to the declaration . Now , as to the several verdicts and judgments in this case , it may be said that it is the usual practice of appellate courts to consider the whole record , and to pass ...
... court did not err in overruling the demurrer to the declaration . Now , as to the several verdicts and judgments in this case , it may be said that it is the usual practice of appellate courts to consider the whole record , and to pass ...
Seite 99
... court said : " There having been two trials in the circuit court , this court will look to the record of the proceedings in both trials , and if the court erred .n setting aside the verdict of the jury , that is an error for which this ...
... court said : " There having been two trials in the circuit court , this court will look to the record of the proceedings in both trials , and if the court erred .n setting aside the verdict of the jury , that is an error for which this ...
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Beliebte Passagen
Seite 890 - Senators, and shall be published for three months previous to the time of making such choice; and if in the Legislature so next chosen, as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the Legislature to submit such proposed amendment or amendments to the people, in such manner and at such time as the Legislature shall prescribe...
Seite 890 - Any amendment or amendments to this Constitution may be proposed in the senate and assembly; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, with the yeas...
Seite 787 - That whenever by priority of possession rights to the use of water for mining, agricultural, manufacturing, or other purposes have vested and accrued and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected In the same, and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed...
Seite 799 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all.
Seite 770 - ... or attempt to perpetrate any arson, rape, robbery or burglary, shall be deemed murder of the first degree, and all other kinds of murder shall be deemed murder of the second degree...
Seite 658 - Assembly, or when, at any time, a vacancy shall have occurred in any other State office, or in the office of Judge of any court, the Governor shall fill such vacancy by appointment, which shall expire when a successor shall have been elected and qualified.
Seite 132 - The provisions of this act shall not be construed in any manner to affect or impair the title of a purchaser for a valuable consideration, unless it shall appear that such purchaser had previous notice of the fraudulent intent of his immediate grantor, or of the fraud rendering void the title of such grantor.
Seite 329 - Where the trial judge, on behalf of the state, instructed the jury that if they "believe from the evidence in this case beyond a reasonable doubt that the defendant . . . deliberately murdered the deceased, ... as charged in the indictment herein, then the jury should find the defendant guilty as charged," with instructions as to the form of the verdict, it was held in Upton v.
Seite 144 - 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:
Seite 890 - The proceeds of all lands that have been or hereafter may be granted by the United States to this state, for the support of schools, which shall hereafter be sold or disposed of, and the five hundred thousand acres of land granted to the new states, under an act of Congress, distributing the proceeds of the public lands among the several states of the Union, approved, AD 1841, and all estates of deceased persons, who may have died...