Court : US Supreme Court
..... there must be a clear case of accident, surprise, or fraud before equity will interfere. ..... there must be a clear case of accident, surprise, or fraud before equity will interfere. ..... there was neither accident nor surprise. .....
Tag this Judgment!Court : US Supreme Court
..... a bond may, by mutual mistake or accident, and wholly without design, be taken in a form not prescribed by the act. ..... a bond may, by mutual mistake or accident and wholly without design, be taken in a form not prescribed by the act. .....
Tag this Judgment!Court : US Supreme Court
..... court that the defendant is in possession of vouchers not before in his power to procure, and that he was prevented from exhibiting a claim for such credits at the treasury by absence from the united states or some unavoidable accident, thus showing it to be an inflexible requirement of the statute that the defendant shall have had his claim for credits disallowed before he can prevent the united states from getting judgment at the return term by a continuance ..... court that the defendant is to possession of vouchers not before in his power to procure, and that he was prevented from exhibiting a claim for such credits at the treasury by absence from the united states or some unavoidable accident. .....
Tag this Judgment!Court : US Supreme Court
..... the original survey, by accident or from the negligence of an agent of the binns', to whom it had been sent for such purpose, had never been registered and was lost, but a copy of it was preserved which determined with exactness the locality of .....
Tag this Judgment!Court : US Supreme Court
..... in order to prevent this accident, which would have compelled the corporation to make a new one nearer the houses and consequently on the vacant space, they caused, at their own expense, carpenter's work to a large amount to be done in front of the levee, by .....
Tag this Judgment!Court : US Supreme Court
..... other illegal charges above stated; and on nonpayment, protested for damages and interest on the said sum, thereby showing their intention to hold him responsible for the sum demanded if the premises should by any accident become insufficient in value to pay the same. .....
Tag this Judgment!Court : US Supreme Court
..... the said notice of abandonment was sufficient, still the jury ought to find a verdict for a partial loss only, unless they shall believe from the evidence that the gracchus suffered damage from the accident that befell her on 24 march, 1833, to more than one-half the sum at which she was valued in the policy, and that in estimating said damage, the jury ought to take ..... was sufficient, still the jury ought to find a partial loss only unless it shall believe that the damage as aforesaid was more than one-half the value of the said brig at the time the accident happened, according to the proof of such value as given in evidence, and that in estimating the amount of such damage, the jury is to take the amounts of the general and particular averages as adjusted ..... the said notice of abandonment was sufficient, still the jury ought to find a verdict for a partial loss only, unless they shall believe from the evidence that the gracchus suffered damage from the accident that befell her on 24 march, 1833, to more than one-half the sum at which she was valued in the policy, and that in estimating said damage, the jury ought to take the ..... the jury ought to find a partial loss only, unless it shall believe that the damage as aforesaid was more than one-half the value of the said brig at the time the accident happened, according to the proof of such value as give in evidence, and that in estimating the amount of such damage, the jury is to take the amounts of the general and particular averages page 37 .....
Tag this Judgment!Court : US Supreme Court
..... states than on lines between separate tracts of land; if there is uncertainty where the line is, if there is a confusion of boundaries by the nature of interlocking grants, the obliteration of marks, the intermixing of possession under different proprietors, the effects of accident, fraud, or time, or other kindred causes, it is a case appropriate to equity. ..... if there is uncertainty where the line is, if there is a confusion of boundaries by the nature of interlocking grants, the obliteration of marks, the intermixing of possession under different proprietors, the effects of accident, fraud, or time, or other kindred causes, it is a case appropriate to equity. .....
Tag this Judgment!Court : US Supreme Court
..... 260 jenkins died intestate as regarded his lands, whether by accident or design matters nothing to the infant children who are plaintiffs. .....
Tag this Judgment!Court : US Supreme Court
..... if accident should prevent the completion of the settlement in the term prescribed, the settlers shall incur no forfeiture or penalty, and the governor of the district may extend the term according to the circumstances of the case. .....
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