The Southeastern Reporter, Volume 58West Publishing Company, 1907 |
From inside the book
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Page 74
... contract as that sued on ; that the re- sult of the contract is to create a relation in the nature of a partnership between the pub- lic and a private individual , and to grant to the latter , for purely private purposes , a use and an ...
... contract as that sued on ; that the re- sult of the contract is to create a relation in the nature of a partnership between the pub- lic and a private individual , and to grant to the latter , for purely private purposes , a use and an ...
Page 76
... contract violates any law or public policy . We are cited to no statute containing any such limitation . It may be mentioned that the question of let- ting the contract for the actual performance of the work , which under the law must ...
... contract violates any law or public policy . We are cited to no statute containing any such limitation . It may be mentioned that the question of let- ting the contract for the actual performance of the work , which under the law must ...
Page 77
ject to all liabilities of a private contract . And , generally speaking , when public duty does not interfere with private service , a city may make a valid contract for the use of its instrumentalities in the latter . " The Supreme ...
ject to all liabilities of a private contract . And , generally speaking , when public duty does not interfere with private service , a city may make a valid contract for the use of its instrumentalities in the latter . " The Supreme ...
Page 80
... contract . The insured made an application in writing for the two policies , which were issued . That and the policies issued con- stituted the contract . The contract on which the plaintiff sues , and only on the terms of which she ...
... contract . The insured made an application in writing for the two policies , which were issued . That and the policies issued con- stituted the contract . The contract on which the plaintiff sues , and only on the terms of which she ...
Page 92
... contract , and the fulfillment of which contract as alleged would have been profitable to the plaintiff , and the loss whereof , as alleg ed , has endamaged him , it is incumbent upon the plaintiff to translate such cipher telegram in ...
... contract , and the fulfillment of which contract as alleged would have been profitable to the plaintiff , and the loss whereof , as alleg ed , has endamaged him , it is incumbent upon the plaintiff to translate such cipher telegram in ...
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Common terms and phrases
agent alleged amendment amount answer Appeals of Georgia appears Atlanta authority bank Bartow county bill of lading brings error carrier cause of action Cent certiorari charge church City Court claim Code conductor contract corporation cotton counsel Court of Appeals Cumberland Presbyterian Church damages defendant in error defendant's delivered delivery demurrer dence duty Error from City Error from Superior evidence fact fendant filed Gordon county ground Hall county injury Judgment affirmed jury justice land levy liability lien Lumber Marshallville matter ment mortgage motion negligence nonsuit Note.-For overruled paid parties payment person petition plaintiff in error plea pleadings question railroad company Railway reason recover refused road rule servant South Carolina statute sued suit superior court Supreme Court sustained Syllabus term testimony thereof tiff tion train trial judge verdict witness Worth county
Popular passages
Page 424 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2.
Page 423 - But where the second action between the same parties is upon a different claim or demand, the Judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or verdict was rendered.
Page 185 - As God hath appointed the elect unto glory, so hath he, by the eternal and most free purpose of his will, foreordained all the means thereunto. Wherefore they who are elected, being fallen in Adam, are redeemed by Christ ; are effectually called unto faith in Christ, by his Spirit working in due season ; are justified, adopted, sanctified, and kept by his power through faith unto salvation. Neither are any other redeemed by Christ, effectually called, justified, adopted, sanctified, and saved, but...
Page 422 - The answer of the defendant must contain: "1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief. "2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition.
Page 12 - January, eighteen hundred and ninety-eight, it shall be unlawful for any such common carrier to haul or permit to be hauled or used on its line any car used in moving interstate traffic not equipped with couplers coupling automatically by impact, and which can be uncoupled without the necessity of men going between the ends of the cars.
Page 195 - It is mutually agreed, as to each carrier of all or any of said property over all or any portion of said route to destination, and as to each party at any time interested in all or any of said property, that every service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, including the conditions on back hereof, which are hereby agreed to by the shipper and accepted for himself and his assigns.
Page 142 - In all other cases where a general law can be made applicable, no special law shall be enacted.
Page 186 - Christ, enlightening their minds spiritually and savingly to understand the things of God, taking away their heart of stone, and giving unto them an heart of flesh, renewing their wills, and by his almighty power determining them to that which is good, and effectually drawing them to Jesus Christ ; yet so, as they come most freely, being made willing by his grace.
Page 363 - The surrender of this original order bill of lading properly indorsed shall be required before the delivery of the property. Inspection of property covered by this bill of lading will not be permitted unless provided by law or unless permission is indorsed on this original bill of lading or given in writing by the shipper.
Page 185 - Those of mankind that are predestinated unto life, God, before the foundation of the world was laid, according to His eternal and immutable purpose, and the secret counsel and good pleasure of His will, hath chosen in Christ unto everlasting glory...