Lawyers' Reports Annotated, Book 6Lawyers' Co-operative Publishing Company, 1890 - Law reports, digests, etc |
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Page 35
... ment , is not admissible , where the written agree- ment itself shows the true construction . Miller v . Butterfield , 79 Cal . 62 , and that the said D. L. Ferguson is to pay the balance due on the within agreement as soon as the logs ...
... ment , is not admissible , where the written agree- ment itself shows the true construction . Miller v . Butterfield , 79 Cal . 62 , and that the said D. L. Ferguson is to pay the balance due on the within agreement as soon as the logs ...
Page 41
... ment changing the price to be paid for the logs which were to be cut . There was no stipu lation for security to Rafferty , the vendor , in the original contract , and there was none in the written agreement with D. L. Ferguson . But ...
... ment changing the price to be paid for the logs which were to be cut . There was no stipu lation for security to Rafferty , the vendor , in the original contract , and there was none in the written agreement with D. L. Ferguson . But ...
Page 48
... ment in favor of plaintiffs in an action to re- cover damages for an alleged breach of con- tract to purchase certain nuts . Affirmed . The facts are fully stated in the opinion . Mr. M. Hampton Todd , for plaintiff in error : When it ...
... ment in favor of plaintiffs in an action to re- cover damages for an alleged breach of con- tract to purchase certain nuts . Affirmed . The facts are fully stated in the opinion . Mr. M. Hampton Todd , for plaintiff in error : When it ...
Page 55
... ment or criminal proceedings in the case for the offense charged , nor empower said City to pun- ish criminally the person so refusing or neg- lecting to build a sidewalk ; second , if the char- ter was intended to confer such authority ...
... ment or criminal proceedings in the case for the offense charged , nor empower said City to pun- ish criminally the person so refusing or neg- lecting to build a sidewalk ; second , if the char- ter was intended to confer such authority ...
Page 64
... ment of the superior court was reversed . There is but one question presented by this record , and that is whether the judgment ren- dered in Hamilton County , Ohio , is a bar to this action . The appellate court held that it was . If ...
... ment of the superior court was reversed . There is but one question presented by this record , and that is whether the judgment ren- dered in Hamilton County , Ohio , is a bar to this action . The appellate court held that it was . If ...
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action admissible affirmed agreement alleged appellant appellee apply Appt assessment assignment Asso authority Bank Cent certiorari chap charter Chicago Circuit Court City claim common law Company complainant Conn Constitution contract corporation County court of equity covenant creditors damages debt declarations defendant delivered the opinion duty East Portland election entitled executed fact fendant gift causa mortis hectolitres held injury intention Iowa judgment jury land Legislature liable lien Mass ment Messrs Minn mortgage N. J. Eq negligence Ohio St owner P. R. Co paid Parol evidence parties payment person plaintiff plaintiff in error Pogue Portage River purchase purpose question railroad reason recover rule Stat Statute street sufficient supra taxation taxes testator thereof tion trial trust Turners Falls valid vote warranty Wend West
Popular passages
Page 156 - ... uniform in respect to persons and property, within the jurisdiction of the body imposing the same.
Page 328 - That religion or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence ; and, therefore, all men are equally entitled to the free exercise of religion, according to the dictates of conscience ; and that it is the mutual duty of all to practice Christian forbearance, love and charity towards each other.
Page 254 - ... the practice, pleadings, and forms and modes of proceeding existing at the time in like causes in the courts of record of the State within which such circuit or district courts are held, any rule of court to the contrary notwithstanding.
Page 328 - Because we hold it for a fundamental and undeniable truth, "that Religion or the duty which we owe to our Creator and the Manner of discharging it, can be directed only by reason and conviction, not by force or violence.
Page 154 - When the death of one is caused by the wrongful act or omission of another, the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained an action, had he lived, against the latter for an injury for the same act or omission.
Page 355 - ... 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...
Page 393 - Where a known, described, and defined article is ordered of a manufacturer, although it is stated to be required by the purchaser for a particular purpose, still, if the known, defined, and described thing be actually supplied, there is no warranty that it shall answer the particular purpose intended by the buyer.
Page 152 - It is well settled in this commonwealth that the charge of fraudulent intent, in an action for deceit, may be maintained by proof of a statement made, as of the party's own knowledge, which is false, provided the thing stated is not merely a matter of opinion, estimate, or judgment, but is susceptible of actual knowledge ; and in such case it is not necessary to make any further proof of an actual intent to deceive.
Page 154 - ... for any injury to the person or rights of another not arising from contract and not herein specifically enumerated.
Page 208 - A writ of review may be granted by any court, except a police or justice's court, when an inferior tribunal, board, or officer, exercising judicial functions, has exceeded the jurisdiction of such tribunal, board, or officer, and there is no appeal, nor, in the judgment of the court, any plain, speedy, and adequate remedy.