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acres action agent agreed agreement alleged allowed amount answer appears appellant appellee assessed assigned authority bill bond breach brought building cause circuit court claim common complainant condition construction contract corporation damages decree deed defendant delivered the opinion directed effect entered entitled equity error evidence execution fact filed further give given ground hands held hold injury instruction intended interest issue Judge judgment jury JUSTICE land liability matter ment Messrs mortgage notice objection officer Opinion paid parties payment person plaintiff plaintiff in error plea possession premises present presiding proceedings proof prove purchase question reason received record recover reference regard rendered respect reversed road rule sold Statement statute subsequent suit sustained Syllabus taken term tion trial trustee witness writ
Seite 359 - Take that of Greenleaf, with which counsel for appellee claim to be content. He says the damage must be "the natural and proximate consequence of the act complained of.
Seite 292 - No person shall, for the same offence, be twice put in jeopardy of his life or limb, nor shall any man's property be taken or applied to public use without the consent of his representatives, and without just compensation being previously made to him.
Seite 175 - Now if there be no lawful cause to obstruct the said marriage then the above obligation to be void, else to remain in full force and virtue.
Seite 128 - is the statement of something as fact, which is untrue in fact, and which the assured states, knowing it to be not true, with an intent to deceive the underwriter, or which he states positively as true, without knowing it to be true, and which has a tendency to mislead, such fact in either case being material to the risk.
Seite 507 - whenever the circumstances of a transaction are such that the person who takes the legal estate in property cannot also enjoy the beneficial interest, without necessarily violating some established principle of equity, the court will immediately raise a constructive trust and fasten it upon the conscience of the legal owner, so as to convert him into a trustee for the parties who, in equity, are entitled to the beneficial enjoyment.
Seite 353 - The explosion undoubtedly produced or set in operation the fire which burned the plaintiff's cotton. The fact that it was carried to the cotton by first burning another building supplies no new force or power which caused the burning.
Seite 349 - ... the first on fire. If, on the other hand, the fire has spread beyond its natural limits by means of a new agency — if, for example, after its ignition, a high wind should arise, and carry burning brands to a great distance, by which a fire is caused in a place that would have been safo but for the wind — such a loss might fairly be set down as a remote consequence, for which the railway company should not be held responsible.
Seite 418 - Agency, 193, note. These elementary principles are founded on the doctrine that where one of two persons must suffer by the act of a third person, he who has held that person out as worthy of trust and confidence, and as having authority in that matter, should be bound by it: Evans
Seite 84 - An act to establish a code of civil procedure," in which it is declared that "no person shall be disqualified as a witness in any civil action or proceeding by reason of his interest in the event of the same, as a party or otherwise, or by reason of his conviction of a crime, but such entries or conviction may be shown for the purpose of affecting his credibility.