The Federal Reporter: Cases Argued and Determined in the Circuit and District Courts of the United States, Bände 25-26West Publishing Company, 1886 |
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Seite 6
... purchasers did not know that said Back had made the agree- ment that the plaintiff might raise its dam , and he ... purchase of some right in said prop- erty , and that said Back had refused to sign the papers which pro- fessed to state ...
... purchasers did not know that said Back had made the agree- ment that the plaintiff might raise its dam , and he ... purchase of some right in said prop- erty , and that said Back had refused to sign the papers which pro- fessed to state ...
Seite 24
... purchaser . In such case the transaction may be set aside at the instance of the principal upon the ground of fraud in the abuse of trust . The difference be- tween cases of sales and gifts by agents to principals will appear by ...
... purchaser . In such case the transaction may be set aside at the instance of the principal upon the ground of fraud in the abuse of trust . The difference be- tween cases of sales and gifts by agents to principals will appear by ...
Seite 70
... purchase by them , and the reorganization of the railroad company , and certain necessary expenses for advertising , etc. , were incurred in the course of the negotiations , and an order of the court on the receiver to pay said expenses ...
... purchase by them , and the reorganization of the railroad company , and certain necessary expenses for advertising , etc. , were incurred in the course of the negotiations , and an order of the court on the receiver to pay said expenses ...
Seite 87
... purchaser be a bona fide purchaser for value and ignorant of the fraud . Hildreth v . Sands , 2 Johns . Ch . 35 ; Gamble v . Johnson , 9 Mo. 605 ; Miller v . Tollison , 1 Harp . ( S. C ) Eq . 145 ; Lee v . Figg , 37 Cal . 328. But this ...
... purchaser be a bona fide purchaser for value and ignorant of the fraud . Hildreth v . Sands , 2 Johns . Ch . 35 ; Gamble v . Johnson , 9 Mo. 605 ; Miller v . Tollison , 1 Harp . ( S. C ) Eq . 145 ; Lee v . Figg , 37 Cal . 328. But this ...
Seite 88
... purchaser , and he remains silent , this is presumptive evidence of fraud . Whitney v . Rose , 4 N. W. Rep . 557 . ( 4 ) Burden of Proof . Fraud must be proved by party who alleges . Craig v . Fowler , 13 N. W. Rep . 116 ; Eckert v ...
... purchaser , and he remains silent , this is presumptive evidence of fraud . Whitney v . Rose , 4 N. W. Rep . 557 . ( 4 ) Burden of Proof . Fraud must be proved by party who alleges . Craig v . Fowler , 13 N. W. Rep . 116 ; Eckert v ...
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Beliebte Passagen
Seite 696 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Seite 209 - In the presence of the court or so near thereto as to interfere directly with the administration of justice...
Seite 265 - Provided, that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial if the crime or offence had there been committed...
Seite 578 - Deceased, do make or cause to be made a true and perfect Inventory...
Seite 615 - It is a finality as to the claim or demand in controversy, concluding parties and those in privity with them, not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purpose.
Seite 616 - But where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or verdict was -rendered.
Seite 583 - If at any time the locator of any mining claim heretofore or hereafter located, or his assigns, shall apprehend that his original certificate was defective, erroneous, or that the requirements of the law had not been complied...
Seite 393 - In cases where they apply"; and also with section 914, providing that "the practice, pleadings and forms and modes of proceeding In civil causes, other than equity and admiralty causes, in the circuit and district courts, shall conform, as near as may be, to the practice, pleadings and forms and modes of proceeding existing at the time In like causes In the courts of record of the state within which such circuit or district courts are held, any rule of court to the contrary notwithstanding.
Seite 165 - A ministerial duty, the performance of which may, in proper cases, be required of the head of a department, by judicial process, is one in. respect to which nothing is left to discretion. It is a simple, definite duty, arising under conditions admitted or proved to exist, and imposed by law.
Seite 135 - A communication made bona fide upon any subject-matter In which the party communicating has an interest, or in reference to which he has a duty, is privileged if made to a person having a corresponding interest or duty, although it contain criminatory matter, which, without this privilege, would be slanderous and actionable...