Proceedings In The Supreme Court Of The State Of Connecticut
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Connecticut Reports
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Author : Connecticut. Supreme Court
language : en
Publisher:
Release Date : 2007
Connecticut Reports written by Connecticut. Supreme Court and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with categories.
Connecticut Reports
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Author : Connecticut. Supreme Court
language : en
Publisher:
Release Date : 2008
Connecticut Reports written by Connecticut. Supreme Court and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law reports, digests, etc categories.
Proceedings In The Supreme Court Of The State Of Connecticut
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Author : Connecticut. Supreme Court
language : en
Publisher:
Release Date : 1992
Proceedings In The Supreme Court Of The State Of Connecticut written by Connecticut. Supreme Court and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Law reports, digests, etc categories.
Connecticut Reports Proceedings In The Supreme Court Of The State Of Connecticut
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Author : Connecticut. Supreme Court
language : en
Publisher: Rarebooksclub.com
Release Date : 2013-09
Connecticut Reports Proceedings In The Supreme Court Of The State Of Connecticut written by Connecticut. Supreme Court and has been published by Rarebooksclub.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09 with categories.
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. 1859 edition. Excerpt: ...with our law in other cases. Walton v. Scott, 4 Conn. Rep. 527. But we forbear a decision of these questions. It was also claimed, that the judgment of the superior court was erroneous, because it left undecided the motion in arrest of judgment. We do not say that a motion in arrest, cannot, in any case, be interposed, after an issue put to, and tried by the court, instead of the jury; it is certainly an unusual practice in this state; but, as in the present case, the declaration is adjudged sufficient, and as the motion in arrest, must, therefore, have been overruled, the defendant has no ground of complaint, because a. formal judgment was not entered up against him upon it. There is no error in the judgment of the superior court. Where a mortgage was given conditioned to save the mortgagee harmless from his indorsement of specified notes, and such notes, as they respectively became due, were renewed, by the substitution of other not(s or drafls having 'difl'erent names on them; but the obligation of the original indorsement by the mortgagee was preserved through the whole series of renewals and substitutions, without any new credit being given, and the substituted paper was ultimately paid by him; the debt thus paid being the same debt for the security of which he made the original indorsement; it was held, on a bill of foreclosure against the mortgagor and subsequent mortgagees, that the plaintifi' was entitled to the relief sought. The case of Peters v. Goodrich, 3 Conn. P-ep. 146. is not a binding authority. Where a mortgage embracing personal property, was given to secure certain debts due to the mortgagee, and liabilities assumed by him for the benefit of the mortgagor; and the mortgagee permitted such personal property to go...
Connecticut Reports Proceedings In The Supreme Court Of The State Of Connecticut
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Author : Connecticut. Supreme Court
language : en
Publisher: Rarebooksclub.com
Release Date : 2013-09
Connecticut Reports Proceedings In The Supreme Court Of The State Of Connecticut written by Connecticut. Supreme Court and has been published by Rarebooksclub.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09 with categories.
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. 1848 edition. Excerpt: ...conferred upon this court jurisdiction? That the words of the law are not sufliciently explicit to give jurisdiction, will not bear an argument. The charter declares the bank may sue and be sued in any " state court having competent jurisdiction, or in any cirmvit court of the United States." The right of appealing to the federal tribunals, is, by the charter, made reciprocal, between the bank and the people. If a citizen should appeal to this court for redress against the bank, we should turn him away with an ill grace indeed, by telling him, that although the law said he might sue here, it did not say we should entertain jurisdiction of the suit; and that, therefore, we would give him no re dress. The declaration of the law, that the party may sue in a designated court, must, ea; vi termini, include the idea, that the court shall be competent to entertain the suit. The law must mean that, or nothing; for it would be futile and ridiculous to send a party into court, for no other purpose but to be sent out again, for want of jurisdiction. We cannot hesitate tobalieve, that the letter of the charter is sufliciently explicit to give the circuit courts of the United States jurisdiction in all suits by or against the bank. But it is contended for the defendant, that although by the letter of the statute, the court might have jurisdiction; yet, according to its sound construction, it is otherwise. This has been argued several ways. It was said, that wherevera corporation is erected, the very creation of the corporation, by operation of law, gives it the capacity of suing and being sued; and that therefore, as the words of the charter declaring the capacity of this corporation to sue and be sued, only express that which would have...
Connecticut Reports Proceedings In The Supreme Court Of The State Of Connecticut
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Author : Connecticut. Supreme Court
language : en
Publisher: Rarebooksclub.com
Release Date : 2013-09
Connecticut Reports Proceedings In The Supreme Court Of The State Of Connecticut written by Connecticut. Supreme Court and has been published by Rarebooksclub.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09 with categories.
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. 1914 edition. Excerpt: ...Brown v. Gerald, 100 Me. 351, 61 Atl. 785. The term public use, as related to condemnation proceedings, has been strictly limited in some States to uses governmental in their nature when adminis tered so that the public has a common right upon equal terms to the use or benefit of the property taken. Varner v. Martin, 21 W. Va. 534; Tyler v. Beacher, 44 Vt. 648; Bottoms v. Brewer, 54 Ala. 288; Fleming v. Hull, 73 Iowa, 598, 35 N. W. 673; Brown v. Gerald, 100 Me. 351, 61 Atl. 785; Fallslmrg Power & Mfg. Co. v. Alea: ander, 101 Va. 98, 43 S. E. 194. In Connecticut and some other States it has been defined as including also uses governmental in their nature, although administered for a private interest, when the taking itself is for purposes of great advantage to the community. Olm stead v. Camp, 33 Conn. 532; Todd v. Austin, 34 Conn. 78; Hand Gold Mining Co. v. Parker, 59 Ga. 419; Potlatch Lumber Co. v. Peterson, 12 Idaho, 769, 88 Pac. 426; Seely v. Sebastian, 4 Ore. 25; Dayton G'. cl: S. Mining Co. v. Seawell, 11 Nev. 394; Nash v. Clark, 27 Utah, 158, 75 Pac. 371. These two definitions correspond to the active and passive significance of the word use, as meaning enjoyment or as meaning utility, the second definition comprehending both significations; and they lead to the same results in their application to specific cases, except in respect of the much controverted question whether the public benefit to be derived from the development of the material resources of the State will justify the delegation of the power of eminent domain in favor of private owners of lands so situated that their economic value cannot otherwise be realized. The cases dealing with this special problem have arisen under...
Connecticut Reports Proceedings In The Supreme Court Of The State Of Connecticut
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Author : Connecticut. Supreme Court
language : en
Publisher: Rarebooksclub.com
Release Date : 2013-09
Connecticut Reports Proceedings In The Supreme Court Of The State Of Connecticut written by Connecticut. Supreme Court and has been published by Rarebooksclub.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09 with categories.
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. 1874 edition. Excerpt: ... the plea, of the present duty of the plaintiff; but this is not an averment of the necessary facts to sustain the plea. Besides, it only states that Martin Wright and the defendant in fact divided a certain fence, many years since; and that they, so long as the said Martin was in life, and the plaintiff since, as to his lot, have continued to maintain that particular fence according to said ancient arrangement; but no perpetual obligation, as founded in such arrangement, and to run with the land to the present occupant, is averred, or can be inferred from whatis averred. And further, whatever usage or agreement is set up in the plea, or may be inferred from what is set up, relates to the two farms of the said Martin Wright and the defendant, as they existed, and were enclosed, in their ancient and unbroken state; whereas divisions 'and subdivisions have since taken place; and strangers, purchasers or execution creditors, ignorant of the existence of any ancient arrangement, have become or may become owners of these farms; every parcel of which now sustains, or may sustain relations to every other parcel, most essentially qualifying any duties to fence, of an ancient date. But to come to the main question in band. What is the eiiect of a division of fence, made by persons under whom. the parties claim title? Does such a division run with the land through all time? Is an agreement, unrecorrled, if not unwritten, and perhaps unknown, of the nature of a covenant which ru-ns with the land '3 This is an interesting question of great practical importance to the people of this state. It can be answered only by a careful study of the various provisions of our statutes on the subject of fences, which have been enacted from time to time, ...
Connecticut Reports Proceedings In The Supreme Court Of The State Of Connecticut
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Author : Connecticut. Supreme Court
language : en
Publisher: Rarebooksclub.com
Release Date : 2013-09
Connecticut Reports Proceedings In The Supreme Court Of The State Of Connecticut written by Connecticut. Supreme Court and has been published by Rarebooksclub.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09 with categories.
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. 1900 edition. Excerpt: ...detailed in evidence, did not of itself constitute contributory negligence. Upon this point the court, after saying to the jury that contributory negligence on the part of the plaiutifi, if proved, would defeat his right to recover, even if the defendant's negligence caused the fire, in divers parts of the charge said this, in substance: If you find that the place where the pan was situated was not sufficiently well lighted to enable the defendant's servants to pour the oil properly, without the aid of artificial light, and the defendant had the right to expect that the plaintiff would furnish such a light as might by the use of ordinary care be safely used there, and the plaintiff furnished a light which was unsafe to be used there by one using ordinary care, it is for you to say whether this was negligence of the plaintiff in furnishing a light clearly unsafe in the hands of one using ordinary care. " Was the light, a candle without a candlestick, a reasonably safe light? If not, it will be for you to say whether the furnishing of the candle caused or contributed to the plaintiff's loss and injury. If you find under all the circumstances that it was the duty of the plaintiff and not the defendant to furnish a light at the time and place in question, then clearly the defendant should not be held responsible or liable for any damages resulting from the furnishing of a light not reasonably safe, or for the negligent or improper use of any light furnished by the plaintiff's servant, unlcss such negligent or improper use alone was the sole cause of the plaintiff's loss or damage." In furnishing an artificial light, if one was necessary, the plaintiff did not assume all risk of loss that might arise...
Connecticut Reports Proceedings In The Supreme Court Of The State Of Connecticut
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Author : Connecticut. Supreme Court
language : en
Publisher: Rarebooksclub.com
Release Date : 2013-09
Connecticut Reports Proceedings In The Supreme Court Of The State Of Connecticut written by Connecticut. Supreme Court and has been published by Rarebooksclub.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09 with categories.
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. 1853 edition. Excerpt: ...the check should be paid, the note should be given up to be cancelled; that the note wasindorsed by the defendant, for the sole accommodation of the deponent, who alone was interested in it; that the 300 dollars, which the deponent so received of the plaintiff, was the only consideration or thing of value, which he ever received for the note and check; and that this sum, with the interest thereon, is all that is due to the plaintiff in respect of the transaction; that at the time of the depenent's giving the check and note to the plaintiff, he took a receipt therefor, which he has since repeatedly l00ked for, but cannot find, owing to the derangement of his Palms, Home months since; that for this reason, he cau not state the exact words of it, but it was to this effect, viz. that the plaintiff received of the deponent, at the time of this transaction, the note in question, as collateral security for the payment of, said sum of 300 dollars, and that the note was to be given up, on the payment of that sum. Previous to.the taking of Benton's deposition, the defendant had given him a discharge from all claims and liabilities arising out of the transaction; which discharge was produced on the trial; and no question was made as to Ben.to'n's cmnpeteney. The defendant also introduced the testimony of Charks L. Porter, a clerk in the Hartford Bank, shewing, that it appeared from the books of the bank, that on the 21stof September, 1829, the bank received said note for collection from the Merchant' Bank of New-York, indorsed by the defendant, and by two other persons, whose names are now erased; and that the plaintifi"s name was never indorsed 011 the note. The plaintifi', on his part, introduced the...
Connecticut Reports Proceedings In The Supreme Court Of The State Of Connecticut
DOWNLOAD
Author : Connecticut. Supreme Court
language : en
Publisher: Rarebooksclub.com
Release Date : 2013-09
Connecticut Reports Proceedings In The Supreme Court Of The State Of Connecticut written by Connecticut. Supreme Court and has been published by Rarebooksclub.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09 with categories.
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. 1874 edition. Excerpt: ...tion of his father's estate. But if there had been any doubt in regard to it, the subsequent declaration of the intestate to Jacob Beers, Esq., that this sum was intended by him as a gift---a free gift--was proper evidence, and suflicient to prove that it was not an advancement. The decree of the court of probate, declaring the sum of 1100 dollars to be an advancement, should therefore be re versed; and we shall so advise the superior court. On the trial of an action of trespass, by a woman, for an assault upon her person, with intention to have illicit intercourse with her, the plaintiff introduced a witness, who testified, that at the time of the alleged trespass, he lived with the plaintitf, and one evening, between sun-down and early candle-light the plaintiff was sitting in her bedroom, tending her child; that the defendant came into the keeping-room adjoining the bed-room, and asked for a paper; that the plaintiff thereupon directed her daughter to go down into the 'basement story of the house, and get a light; that while she was gone for that purpose, the defendant went into the bed-room, and said something to the child; that soon afterwards, the plaintiif exclaimed, " Let go of me"-" keep your hands otf of me"--"keep your distancez" that while her daughter was coming in from the basement with alight, the defendant left the bed-room, and soon afterwards, the house; that the position of the witness, during this transaction, was such, that he could not see either the defendant or the plaintifl', but he knew the voices of both. The defendant objected to the testimony of this witness, but it was received. On a motion for a new trial, it was held, 1. that the matters of fact involved...