 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1912 - 966 Seiten
...whenever the property becomes unfit for the purpose for which it was intended. The trouble here, however, is, that the facts of this case do not bring it within the doctrine there laid down, since there was, in this case, no covenant to repair.-' Upon the controlling... | |
 | 1854 - 628 Seiten
...would they now grant a new trial on either ground in a proper case. Now, I do not feel quite certain that the facts of this case do not bring it within the class to which I have already referred ; I am disposed to think that this was rather more of a civil... | |
 | 1862 - 752 Seiten
...present. The difficulty consists in its application to the facts of each particular case. It is submitted that the facts of this case do not bring it within the principle ; and the Court will not, by extending that principle, remove those landmarks of the law... | |
 | Connecticut. Supreme Court of Errors - 1886 - 666 Seiten
...violation of the statute. Applying the rule we have stated, a majority of the court are of opinion that the facts of this case do not bring it within the intent and spirit of the act, although it may come within its letter, and that there has not been a... | |
 | Kentucky. Court of Appeals - 1871 - 880 Seiten
...following is the opinion of Judge PKTERS, dissenting in part from the foregoing : Believing as I do that the facts of this case do not bring it within the principle decided in the case of Phillips v. Commonwealth, I can not concur with my brothers, either... | |
 | L. B. Horrigan, Seymour Dwight Thompson - 1874 - 1132 Seiten
...following is the opinion of PETERS, J., dissenting in part, from the foregoing : Believing as I do, that the facts of this case do not bring it within the principle decided in the case of Philips v. Commonwealth, I cannot concur with my brothers, either... | |
 | 1920 - 516 Seiten
...acceptance irrespective of whether the paper is honored upon due presentation or not. We think, however, that the facts of this case do not bring it within the principle referred to, for it is quite apparent that the requirement of the vendor that a check should... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1921 - 712 Seiten
...facts and circumstances, the defendant was negligent in thus laying them. It is manifest, therefore, that the facts of this case do not bring it within the doctrine contended for, (1) because the evidence is such that the jury could find a "satis- 4 factory... | |
 | Nathaniel Cleveland Moak - 1877 - 1000 Seiten
...City of Toronto (tl Moo. PC, 463). On the part of the defendants it has been very strenuously argued that the facts of this case do not bring it within the rule which has been long established by the authorities referred to — a rule, it is said, so rigorous... | |
 | 1910 - 1172 Seiten
...line. [Ed. Note. — For other cases, see Boundaries, Dec. Dig. § 37.*] 3. CASE DISTINGUISHED. Held, that the facts of this case do not bring it within the rule laid down in the case of Bayhouse v. Urquides, 17 Idaho, 286, 105 Рас. 1066. 4. BOUNDARIES... | |
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I have only to add that the facts of this case do not bring it within the principle laid down in Stubbs v. 
