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action agent agreement animals appear applied authority Bank bill bond carrier cause charge circumstances cited claim common condition consideration considered contract conveyance conveyed corporation court creditors damages debts decision decree deed defendant direct duty effect entitled equity error established evidence exception execution existence express fact fraud give given granted ground held hold injury intention interest issue judge judgment jurisdiction jury justice land liable limited matter means nature necessary negligence notice objection opinion owner parties payment performance person plaintiff possession present principal proceedings proof proper proved purchase question railroad reason received record recover referred refused regard relief respect road rule Smith statute street sufficient suit taken tion trial trust valid void whole wife writ York
Seite 761 - That every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Seite 196 - The court may determine any controversy between the parties before it, when it can be done without prejudice to the rights of others, or by saving then- rights, but when a complete determination of the controversy cannot be had without the presence of other parties, the court must cause them to be brought in.
Seite 398 - Offices, which are a right to exercise a public or private employment, and to take the fees and emoluments thereunto belonging, are also incorporeal hereditaments, whether public, as those of magistrates, or private, as of bailiffs, receivers, and the like.
Seite 666 - ... anything done to the hurt or annoyance of the lands, tenements, or hereditaments of another, (a) We will therefore, first, mark out the several kinds of nuisances, and then their respective remedies.
Seite 293 - It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debt by such municipal corporations...
Seite 302 - It is a doctrine, therefore, when properly understood and applied, that concludes the truth in order to prevent fraud and falsehood, and imposes silence on a party only when, in conscience and honesty, he should not be allowed to speak.
Seite 274 - The measure of damages in such a case is the difference between the contract price and the cost of manufacture.
Seite 681 - Whether the party thus misrepresenting a fact knew it to be false, or made the assertion without knowing whether it were true or false, is wholly immaterial; for the affirmation of what one does not know, or believe to be true, is equally, in morals and law, as unjustifiable as the affirmation of what is known to be positively false.
Seite 292 - Laws shall be passed, taxing by a uniform rule, all moneys, credits, investments in bonds, stocks, joint stock companies, or otherwise; and also all real and personal property, according to its true value in money...