From inside the book

Բովանդակություն

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Common terms and phrases

Սիրված հատվածներ

Էջ 570 - But, on the other hand, to allow evidence to be given that the party who appears on the face of the instrument to be personally a contracting party, is not such, would be to allow parol evidence to contradict the written agreement ; which cannot be done.
Էջ 445 - Our conclusion is, that the judgment of the circuit court must be reversed, and the cause remanded with directions to that court to dismiss the complaint.
Էջ 137 - Hence the trade-mark must, either by itself, or by association, point distinctively to the origin or ownership of the article to which it is applied.
Էջ 74 - ... nor to charge or in any way affect the same, unless it be in writing and signed by the testator or by some person in his presence, and by his express direction, and attested and subscribed in the presence of the testator by two or more competent witnesses...
Էջ 570 - There is no doubt that where such an agreement is made, it is competent to show that one or both of the contracting parties were agents for other persons, and acted as such agents in making the contract, so as to give the benefit of the contract on the one hand to, and charge with liability on the other, the unnamed principals; and this, whether the agreement be or be not required to be in writing by the statute of frauds; and this evidence in no way contradicts the written agreement.
Էջ 76 - To attest the publication of a paper as a last will, and to subscribe to that paper the names of the witnesses, are very different things, and are required for obviously distinct and different ends. Attestation is the act of the senses, subscription is the act of the hand; the one is mental, the other mechanical, and to attest a will is to know that it was published as such, and to certify the facts required to constitute an actual and legal publication ; but to subscribe a paper published as a will,...
Էջ 72 - ... by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.
Էջ 169 - An agreement for the leasing for a longer period than one year, or for the sale of real property, or of an interest therein ; and such agreement, if made by an agent of the party sought to be charged...
Էջ 228 - But the rights of a riparian proprietor, so far as they relate to any natural stream, exist Jure naturae, because his land has, by nature, the advantage of being washed by the stream ; and, if the facts of nature constitute the foundation of the right.
Էջ 212 - If they choose to resign to the riparian proprietor rights which properly belong to them in their sovereign capacity, it is not for others to raise objections.

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