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Author: William Mark McKinney
Publisher: Forgotten Books
ISBN: 9781396422522
Category : Law
Languages : en
Pages : 1198
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Book Description
Excerpt from The Encyclopaedia of Pleading and Practice, Vol. 14: Under the Codes and Practice Acts at Common Law, in Equity and in Criminal Cases I. Scorn or m Anncm The principal matters treated under this title arise in statutory proceedings to condemn lands for the use of milldams and compensate injuries caused by the improvement. The statutes were passed on the theory that water mills are a public benefit, and therefore the right of emi nent domain might be exercised in their behalf and the milldam protected from abatement as a common-law nuisance.' About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: William Mark McKinney
Publisher: Forgotten Books
ISBN: 9781396422522
Category : Law
Languages : en
Pages : 1198
Get Book Here
Book Description
Excerpt from The Encyclopaedia of Pleading and Practice, Vol. 14: Under the Codes and Practice Acts at Common Law, in Equity and in Criminal Cases I. Scorn or m Anncm The principal matters treated under this title arise in statutory proceedings to condemn lands for the use of milldams and compensate injuries caused by the improvement. The statutes were passed on the theory that water mills are a public benefit, and therefore the right of emi nent domain might be exercised in their behalf and the milldam protected from abatement as a common-law nuisance.' About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author:
Publisher:
ISBN:
Category : Civil procedure
Languages : en
Pages : 1344
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Book Description
Author: William Mark McKinney
Publisher: Forgotten Books
ISBN: 9780260341310
Category : Law
Languages : en
Pages : 1080
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Book Description
Excerpt from The Encyclopaedia of Pleading and Practice, Vol. 12: Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases By Statute, in some states, the plead might not be struck out as redundant. Ing of such matters is expressly made See also article statutes. Unnecessary and improper. Sand. 8. Secrist v. Pett 109111. 188. See H. Dig. Ark. Stat. 5751 article bills 114 qu1n, vol. 3. P. Homer's Anno. Ind. Stat. G 356. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: William Mark McKinney
Publisher: Rarebooksclub.com
ISBN: 9781230171418
Category :
Languages : en
Pages : 682
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Book Description
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 edition. Excerpt: ... Co. v. Falvey, 104 Ind. 430. Iowa.--Wells v. Kavanagh, 70 Iowa 519; State v. Myer, 69 Iowa 148; Wood v. Hallowell, 68 Iowa 377; Gardner v. Burlington, etc., R. Co., 68 Iowa 588; State v. Nadal, 69 Iowa 478; State v. McDevitt, 69 Iowa 549; State v. Archer, 69 Iowa 420; White v. Sprangler, 68 Iowa 222; Burlington Ind. Dist. v. Merchant's Nat. Bank, 6S Iowa 343; Nichols v. Dubuque, etc., R. Co., 68 Iowa 732; State v. Cross, 68 Iowa 180; Tubbs v. Garrison, 68 Iowa 44. Massachusetts.--Chase v. Horton, 143 Mass. 118. Missouri.--Cathcart v. Hannibal, etc., R. Co., 19 Mo. App. 113; Smith v. Wabash, etc., R. Co., 19 Mo. App. 120; Pratt v. Amherst, 140 Mass. 167; Beauchamp v. Higgins, 20 Mo. App. Error Cured by Further Instructions.--The charge on appeal must be 514; Rothschild v. Frendsdorf, 21 Mo. App. 318; Compton v. Johnson, 19 Mo. App. 88; Boatman's Sav. Bank v. Overall, 90 Mo. 410. New York.--Vail v. Reynolds, 42 Hun (N. Y.) 647. North Oirolina.--Morgan v. Lewis, 95 N. Car. 296; Lewis v. Albemarle, etc., R. Co., 95 N. Car. 179; Ferrallp. Broadway, 95 N. Car. 557; Scott v. Wilmington, etc., R. Co., 96 N. Car. 428. Oregon.--Breon v. Henkle, 14 Oregon 494; Yarnberg v. Watson, 13 Oregon 11; Glenn v. Savage, 14 Oregon 567. Pennsylvania.--McCallin v. Harzer (Pa., 1886), 5 Cent. Rep. 678. Texas.--Missouri Pac. R. Co. v. Christman, 65 Tex. 369; Beaumont Pasture Co. v. Preston, 65 Tex. 448; Cannon v. Cannon, 66 Tex. 682; Linney v. Wood, 66 Tex. 22. United States.--Northern Pac. R. Co. v. Paine, 119 U. S. 584. Withholding Issues.--And assuming as a matter of law what should be left to the jury as a question of fact. Whitman v. Morey (N. H., 1886), 2 Atl. Rep. 899; Evans v. Dickey, 117 111. 291; Chicago, etc., R. Co. v. O'Connor, 119 111. 586; Heinsen...
Author: William Mark McKinney
Publisher: Rarebooksclub.com
ISBN: 9781230142227
Category :
Languages : en
Pages : 634
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897 edition. Excerpt: ...of the sheriff to take the undivided share of the debtor without reference to the partnership account, but that a court of equity would take the account and ascertain what the sheriff ought to sell. Me. 89, which case is cited in New. hall v. Buckingham, 14 111. 405. Maryland.---Upon this question, see ihe obittr dictum of Dorsey, J., in M'Elderry v. Flannagan, I Har. & G. (Md.) 30S. Michigan.--Hutchinson v. Dubois, 4; Mich. 143, it would seem is an authority against the right of the officer to take possession of the firm's property. Without expressly passing upon the question, the court says: " A levy cannot touch a specific proportion of the goods, nor the whole, because others have property in every part as well as the whole, cuupled with a right, resting in contract, to use them for the purposes for which the partnership was instituted." Citing Church v. Knox, 2 Conn. 514, and Sirrine v. Briggs, 31 Mich. 443, in which cases the precise point determined was that the sheriff could not levy upon specific articles, and that he should have levied upon the partner's interest in the whole stock; Tappan v. Blaisdell, 5 N. H. 193; Atkins v. Saxton, 77 N. Y. 195, in which cases the right of the sheriff to take possession of the whole property was recognized; Reinheimer v. Hemingway, 35 Pa. St. 432; Deal v. Bogue, 20 Pa. St. 228; Knerr v. Hoffman, 65 Pa. St. 126. Minnesota.--Barrett v. McKenzie, 14 Minn. 20; Caldwell v. Auger, 4 Minn. 217; Wickham v. Davis, 24 Minn. 167. Mississippi.--Under Code 1880, 1770 (following the Codes of 1871 and 857), by which it was provided that the sheriff might levy upon property in which the defendant had an interest, but which was not exclusively in his own possession, without actually...
Author: Thomas O'Brien
Publisher: Forgotten Books
ISBN: 9780260982377
Category : Law
Languages : en
Pages : 1054
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Book Description
Excerpt from Encyclopedia of Forms and Precedents for Pleading and Practice, at Common Law, in Equity, and Under the Various Codes and Practice Acts, Vol. 14 We the subscribers, do approve of the sureties named in the foregoing bond. Scribner é) Blossom, creditors, per E. S. Ridlon, their attorney. The condition of the bond in this case, instead of following the language of the Statute by providing that the principal Shall within six months from the time of his arrest (or imprisonment) cite, etc., provided that he shall in six months from the time of executing this bond, etc. This was held not to ren der the bond insufficient. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: William Mark McKinney
Publisher: Forgotten Books
ISBN: 9780260444073
Category :
Languages : en
Pages : 1112
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Book Description
Excerpt from The Encyclopaedia of Pleading and Practice, Vol. 1: Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases The practicality of treating the whole body of substantive law in the form of an encyclopaedia has already been demon strated. It has been shown beyond doubt that there is great advantage and economy to be derived from having in one series of books practically all the law of general application. The present work is an attempt to do for pleading and practice what its prototype has done for substantive law. The difficulties of the work were recognized, but they have not proved insurmountable. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: William Mark McKinney
Publisher: Forgotten Books
ISBN: 9780428707453
Category : Law
Languages : en
Pages : 978
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Book Description
Excerpt from Supplement to the Encyclopaedia of Pleading and Practice, Vol. 1 Bills in Equity in the third volume of the original work are supplemented. In both text and notes the catch lines which appear in the encyclopedia or pleading and practice are here repeated in connection with new cases, thereby denoting that such new cases support the statement of law made in the text or notes of the original work under the corresponding catch line. The large heavy-faced figures refer to the pages of the volume of the original work. The smaller figure following the page number in the notes refers to the original note numbered by that same figure on that page. Thus, a note numbered 850. With cases cited, indicates that those cases support the proposition to which the cases in note I on page 350 were cited. In some instances the new cases have necessitated the writing of new text, and the fact that such text is new is indicated by inclosing it with brackets. In the notes great freedom has been indulged in stating new illustrations and applications. The omission of a title that appeared in the original work implies that no new cases on that subject have been found. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: William Mark McKinney
Publisher: Forgotten Books
ISBN: 9780265138120
Category : Law
Languages : en
Pages : 1116
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Book Description
Excerpt from The Encyclopaedia of Pleading and Practice, Vol. 6: Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases (1) In General, 162. (2) Burden of Proof, 163. 3) Gross Negligence, 1 64. (4) Good Faith. 165. (5) Costs, 165. D. Specific Grounds, 165. (i) Forgetfulness, 16 5. (2) Mistake, Inadvertence, Accident, Fraud, I6 5. (3) Otlter Grounds, 167. (4) How Skawu, 167. (5) Ignorance of Law, 167. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: William Mark McKinney
Publisher: Rarebooksclub.com
ISBN: 9781230174174
Category :
Languages : en
Pages : 654
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Book Description
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 edition. Excerpt: ... Furlow v. Merrell, 23 Ala. 705; Nash v. Shrader, 27 Ala. 377; Gillespie v. Burleson, 28 Ala. 552; Smith v. Garrett, 31 Ala. 492; Lewis v. I'.iull. 42 Ala. 136; Thomasson v. Groce. 42 Ala. 431. Colorado.--Martin v. Force, 3 Colo. 199. Illinois.--Rogers v. Hall, 4 111. 5; McKee v. Ingalls, 5 111. 30; Michigan City First Nat. Bank v. Haskell, 23 111. App. 616; Chicago City R. Co. v. Duffin, 24 111. App. 28; Monroe v. Snow. 33 111. App. 230. Ohio.--Hollister v. Reznor, 9 Ohio St. I. But it must be so construed as to have a reasonable meaning, Smith v. Garrett, 31 Ala. 493; and avoid inconsistencies, Goodgame v. Clifton, 13 Ala. 583; and words will be given their natural import and meaning, Thompson v. Drake, 32 Ala. 99. In Virginia, however, early cases hold that where a bill of exceptions to an instruction given by the trial judge to the jury is so vague and confused that the appellate court cannot understand the precise state of the case nor the effect of the instructions, judgment will be reversed, the verdict set aside, and the cause remanded for new trial. Bowyer v. Chesnut, 4 Leigh (Va.) 1; Raines v. Philips, I Leigh (Va.) 483; Thompson v. Cumming, 2 Leigh (Va.) 321. Printed Record.--In Wisconsin It is held that where the bill of exceptions contradicts the printed record and is confused and unintelligible, the points attempted to be raised will not be reversed. Green v. Stacy (Wis., 1895), 62 N. W. Rep. 627. In Criminal Case--Indiana.--In a criminal case, however, it was held in Indiana that where the bill of exceptions embodied two contradictory statements favorable to the prisoner it would be adopted. Willey v. State, 52 Ind. 251. 2. Florida.--Livingston v. Cooper, 22 Fla. 292; Myrick v. Merritt, 22 Fla. 335; Blige v. State, 20 Fla....
