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], כרך 81Abraham Clark Freeman Bancroft-Whitney Company, 1901 |
מהדורות אחרות - הצג הכל
מונחים וביטויים נפוצים
administrator alleged appellant appellee apply appointment appurtenances assignment authority Bank benefit Catoosa county cause of action charge cited claim Code collateral common law constitution contract contributory negligence conveyance corporation counsel court of equity creditors damages debt decision decree deed defendant demurrer dollars duty easement enforce entitled equity error estoppel evidence execution existence fact garnishment grant ground held homestead improvements indictment injury interest judge judgment jurisdiction jury land liable lien loan mandamus marriage ment Minn monographic note mortgage negligence opinion owner paid parties payment person plaintiff plaintiff in error possession premises probate court proceedings purchase purpose question reason received recover rendered rule statute statute of limitations testator testimony thereof tion trust usury valid verdict void witness
קטעים בולטים
עמוד 386 - Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
עמוד 474 - But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
עמוד 391 - We know that this is a power which may be abused, but that is no argument against its existence. For protection against abuses by legislatures the people must resort to the polls, not to the courts.
עמוד 660 - It may be apparent from the intrinsic nature and subject of the bargain itself; such as no man in his senses and not under delusion would make on the one hand, and as no honest and fair man would accept on the other...
עמוד 375 - ... in that case there cannot be taken arbitrary and excessive duties for cranage, wharfage, pesage, etc., neither can they be enhanced to an immoderate rate; but the duties must be reasonable and moderate, though settled by the King's license or charter. For now the wharf, and crane and other conveniences are affected with a public interest, and they cease to be juris privati only...
עמוד 467 - There seems no doubt that where there is a positive contract to do a thing, not in itself unlawful, the contractor must perform it or pay damages for not doing it, although in consequence of unforeseen accidents, the performance of his contract has become unexpectedly burdensome or even impossible.
עמוד 380 - It is a part of every man's civil rights that he be left at liberty to refuse business relations with any person whomsoever, whether the refusal rests upon reason, or is the result of whim, caprice, prejudice, or malice.
עמוד 239 - ... primary duty devolving upon the defendant ; a delict or wrong done by the defendant which consisted in a breach of such primary right and duty; a remedial right in favor of the plaintiff, and a remedial duty resting on the defendant springing from this delict, and finally the remedy or relief itself. Every action, however complicated, or however simple, must contain these essential elements. Of these elements, the primary right and duty and the delict or wrong combined constitute the cause of...
עמוד 381 - it extends to the protection of the lives, limbs, health, comfort, and quiet of all persons, and the protection of all property within the State.
עמוד 706 - Constitution leads to the conclusion that no State has the right to lay a tax on interstate commerce in any form, whether by way of duties laid on the transportation of the subjects of that commerce, or on the receipts derived from that transportation, or on the occupation or business of carrying it on, and the reason is that such taxation is a burden on that commerce, and amounts to a regulation of it, which belongs solely to Congress.