Reports of Cases Argued and Determined in the Supreme Court of Louisiana, Količina 47 ,2. del ,Strani 959–1838state, 1896 |
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accomplice accused adjudged and decreed adjudication affirmed alleged amount Appellee application Argued and submitted assessment attorney authority averment Bank Begue bill of exceptions Brashear cents charge Charles Marshall Civil District Court claim Code Constitution contract corporation counsel court was delivered creditor crime debt deceased declared defendant defendant's Dudoussat Effingham Lawrence estopped estoppel evidence ex rel executor fact grand jury heirs Henry E hundred dollars husband indictment interest issue June June 13 June 29 jurisdiction land Louisiana lower court Luckett ment mortgage Napoleon Code November 18 nullity Opinion handed Otsego county owner paid Parish of Orleans parties payment person petition plaintiff prescription present privilege proceedings proof prosecution question Railroad Co Railroad Company record Rehearing refused res judicata rule Sherman Shreveport statement statute subrogated succession suit testifying testimony thousand dollars tion tutrix usufruct wife witness
Priljubljeni odlomki
Stran 1609 - no indictment found and presented by a grand jury in any District or Circuit or other court of the United States shall be deemed insufficient, nor shall the trial, judgment or other proceeding thereon be affected by reason of any defect or imperfection in matter of form only, which shall not tend to the prejudice of the defendant.
Stran 1191 - This clause enables the judicial department to receive jurisdiction to the full extent of the constitution, laws, and treaties of the United States, when any question respecting them shall assume such a form that the judicial power is capable of acting on it.
Stran 1106 - When carriers undertake to convey persons by the powerful but dangerous agency of steam, public policy and safety require that they be held to the greatest possible care and diligence. And whether the consideration for such transportation be pecuniary or otherwise, the personal safety of the passengers should not be left to the sport of chance, or the negligence of careless agents. Any negligence, in such cases, may well deserve the epithet of
Stran 1182 - Every objection to any indictment for any formal defect apparent on the face thereof shall be taken by demurrer or motion to quash such indictment before the jury shall be sworn, and not afterwards; and every court before which any such objection shall be taken for any formal defect may, if it be thought necessary, cause the indictment to be forthwith amended in such particular by some officer of the court or other person ; and thereupon the trial shall proceed as if no such defect had appeared.
Stran 1502 - The interest of the shareholder entitles him to participate in the net profits earned by the bank in the employment of its capital, during the existence of its charter, in proportion to the number of his shares; and, upon its dissolution or termination, to his proportion of the property that may remain of the corporation after the payment of its debts. This is a distinct independent interest or property, held by the shareholder like any other property that may belong to him.
Stran 1415 - But, without adopting either of these constructions, we rest the conclusion already indicated upon the broad ground that when a policy of insurance contains contradictory provisions, or has been so framed as to leave room for construction, rendering it doubtful whether the parties intended the exact truth of the applicant's statements to be a condition precedent to any binding contract, the court should lean against that construction which imposes upon the assured the obligations of a warranty.
Stran 1421 - An express warranty is a stipulation inserted in writing on the face of the policy, on the literal truth or fulfilment of which the validity of the entire contract depends.
Stran 1691 - Could it be the intention of those who gave this power, to say that in using it the constitution should not be looked into? That a case arising under the constitution should be decided without examining the instrument under which it arises? This is too extravagant to be maintained. In some cases then, the constitution must be looked into by the judges. And if they can open it at all, what part of it are they forbidden to read, or to obey?
Stran 1502 - But, in addition to this view, the tax on the shares is not a tax on the capital of the bank. The corporation is the legal owner of all the property of the bank, real and personal; and within the powers conferred upon it by the charter, and for the purposes for which it was created, can deal with the corporate property as absolutely as a private individual can deal with his own.
Stran 1615 - The estate and rights of a corporation belong \ . • so completely to the body, that none of the individuals who compose it, can dispose of any part of them.