Lawyers' Reports Annotated, Livre 14Lawyers' Co-operative Publishing Company, 1892 |
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Page 30
... Execution of power . 41 Art . 4 , title 1 , chap . 14 , pt . 1. Discontinuance or laying out of roads .. 384 Code Civil Procedure . $ 381 . Mortgage limitation .. 361 382. Note limitation .. 1254 . Priority of judgments . 1759 ...
... Execution of power . 41 Art . 4 , title 1 , chap . 14 , pt . 1. Discontinuance or laying out of roads .. 384 Code Civil Procedure . $ 381 . Mortgage limitation .. 361 382. Note limitation .. 1254 . Priority of judgments . 1759 ...
Page 35
... execution of powers apply equally to the execution of trusts ; for instance , the performance of the trust may , in one or more respects , be left to the discretion of the trustee , or be made compulsory ; and the same thing is true ...
... execution of powers apply equally to the execution of trusts ; for instance , the performance of the trust may , in one or more respects , be left to the discretion of the trustee , or be made compulsory ; and the same thing is true ...
Page 36
... execution for its validity or invalidity- upon the mere exercise of the will of the ex- ecutors and trustees . No ... execute the alleged trust . The discretionary power in the trustees to give or withhold is incompatible with the ...
... execution for its validity or invalidity- upon the mere exercise of the will of the ex- ecutors and trustees . No ... execute the alleged trust . The discretionary power in the trustees to give or withhold is incompatible with the ...
Page 40
... executed a conveyance thereof , is not a matter for consideration in this connection . This point was considered ... execution . In the latter case the testator bequeathed the residue of his estate " to such charitable institutions ...
... executed a conveyance thereof , is not a matter for consideration in this connection . This point was considered ... execution . In the latter case the testator bequeathed the residue of his estate " to such charitable institutions ...
Page 41
... execution or non - execution is made expressly to depend on the will of the grantee . Section 96. And a trust power does not cease to be imperative where the grantee of the pow- er has the right of selection among a class of objects ...
... execution or non - execution is made expressly to depend on the will of the grantee . Section 96. And a trust power does not cease to be imperative where the grantee of the pow- er has the right of selection among a class of objects ...
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Expressions et termes fréquents
abutting action alleged appear applied assignment Asso authority Bank Barb benefit bill building Cent chap cited claim Clark complainants Conn Connecticut Mut Constitution contract corporation County court of equity creditors damages defendant delivered the opinion duty easements entitled equity evidence execution executors fact fendant firm of Farrand fraud George Cadwalader granted held injury intended Iowa judge judgment jurisdiction jury justice land Legislature liable lien mandamus manufacture marriage Mass ment mortgage municipal negligence Ohio St old firm owner paid parties payment person plaintiff possession premises purchase purpose question railroad recover residuary estate rule Sheley statute Statute of Frauds street supra SUPREME COURT Teleg testator thereof tiff Tilden Trust tion trial valid W. R. Co Wend Williams York
Fréquemment cités
Page 126 - ... and the respective judges and other magistrates of the two Governments shall have power, jurisdiction and authority, upon complaint made under oath, to issue a warrant for the apprehension of the fugitive or person so charged, that he may be brought before such judges or other magistrates, respectively, to the end that the evidence of criminality may be heard and considered...
Page 266 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable. Any fair reasonable doubt concerning the existence of power is resolved by the courts against the corporation...
Page 128 - ... to be arrested and secured, and to cause notice of the arrest to be given to the executive authority making such demand, or to the agent of such authority appointed to receive the fugitive, and to cause the fugitive to be delivered to such agent when he shall appear.
Page 126 - ... provided that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the crime or offence had there been committed...
Page 88 - In prosecutions for the publication of papers investigating the official conduct of officers, or men in a public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence: And in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court as in other cases.
Page 323 - And further, full power and authority are hereby given and granted to the said general court, from time to time to make, ordain, and establish, all manner of wholesome and reasonable orders, laws, statutes, and ordinances, directions and instructions, either with penalties or without; so as the same be not repugnant or contrary to this constitution, as they shall judge to be for the good and welfare of this commonwealth, and for the government and ordering thereof, and of the subjects of the same...
Page 35 - All the rest, residue, and remainder of all the property and estate, real, personal, and mixed, of every description, and wheresoever situated, of which I may die seized or possessed, or to which I may be entitled at the time of my decease...
Page 128 - ... a copy of an indictment found or an affidavit made before a magistrate of any state or territory charging the person demanded with having committed treason, felony, or other crime...
Page 87 - ... the jury sworn to try the issue may give a general verdict of guilty or not guilty upon the whole matter put in issue upon such indictment or information...
Page 371 - Private property shall ever be held inviolate, but subservient to the public welfare. When taken in time of war, or other public exigency, imperatively requiring its immediate seizure, or for the purpose of making or repairing roads, which shall be open to the public, without charge, a compensation shall be made to the owner, in money, and in all other cases where private property shall be taken for public use, a compensation thereof shall first be made in money, or first secured by a deposit of...