The Northwestern Reporter, Volume 40West Publishing Company, 1889 - Law reports, digests, etc |
From inside the book
Results 1-5 of 83
Page 66
... condition to 1One who , at the request of the principal in a promissory note , signs as surety , upon the condition that another shall also so sign , cannot , in an action upon the note , set up as a defense the failure of the condition ...
... condition to 1One who , at the request of the principal in a promissory note , signs as surety , upon the condition that another shall also so sign , cannot , in an action upon the note , set up as a defense the failure of the condition ...
Page 74
... condition not contained in the writing . It is true a part of the services con- templated could not have been rendered unless the building was constructed , but the contract did not provide for any condition as to building . It was ab ...
... condition not contained in the writing . It is true a part of the services con- templated could not have been rendered unless the building was constructed , but the contract did not provide for any condition as to building . It was ab ...
Page 91
... condition . He drank on the way , and when he arrived at Council Bluffs he was very much intoxicated , —so much so that the conductor of the train left him in the car in which he made his journey , and which arrived at Council Bluffs at ...
... condition . He drank on the way , and when he arrived at Council Bluffs he was very much intoxicated , —so much so that the conductor of the train left him in the car in which he made his journey , and which arrived at Council Bluffs at ...
Page 93
... condition of the track at the place of the accident , or the speed of the train at that time and place , was the sole cause of the accident and injury complained of ; and to entitle the plaintiff to recover in this action it is ...
... condition of the track at the place of the accident , or the speed of the train at that time and place , was the sole cause of the accident and injury complained of ; and to entitle the plaintiff to recover in this action it is ...
Page 94
... condition alone , and not by its coming in contact with the de- fective joint , claimed by plaintiff to have caused the accident , then your ver- dict should be for the defendant . ( 13 ) If , upon a fair consideration of all the ...
... condition alone , and not by its coming in contact with the de- fective joint , claimed by plaintiff to have caused the accident , then your ver- dict should be for the defendant . ( 13 ) If , upon a fair consideration of all the ...
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Common terms and phrases
adverse possession affidavit affirmed agent alleged amount answer Appeal from district assessed assignment attorney authority bill bridge cars cause of action certificate charge circuit court claim complaint contract conveyance counsel creditors damages deceased deed defendant in error defendant's demurrer district court Douglas county East Saginaw entitled evidence executed facts favor fendant filed fraud granted held Iowa Judge judgment jury justice land liable lien logs ment Minn mortgage motion N. W. Rep negligence owner paid parties payment person petition plaintiff in error possession premises proceedings promissory note prosecution purchase purpose question quitclaim deed railroad company Railway real estate reason recover refused respondent Richard Dougherty rule Saunders county Shaw farm Smith statute Supreme Court Syllabus testified testimony therein thereof tiff tion township track train trial verdict Wayne county witness
Popular passages
Page 509 - the rule of law is clear, that, where one, by his words or conduct, wilfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter, a different state of things, as existing at the same time.
Page 489 - ... is threatened with many more of such actions. To sustain the demurrer, or rather to reverse the order overruling the same, in this court, the learned counsel of the appellant relies only on the main ground that the complaint does not state a cause of action. The contention of the learned counsel is, in short, that the ordinance confers no corporate privileges or franchises, and that it is a mere contract between the company and the city, for a breach of which the city has the usual remedy by...
Page 402 - ... 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. The action must be commenced within two years. The damages cannot exceed...
Page 414 - The taking, receiving, reserving or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill or other evidence of debt carries with it, or which has been agreed to be paid thereon. In case the greater rate of interest has been paid, the person by whom it has been paid, or his legal representatives, may recover back in an action in the nature of an action of debt, twice the amount of...
Page 554 - For the purpose of voting, no person shall be deemed to have gained or lost a residence, by reason of his presence or absence, while employed in the service of the United States; nor while engaged in the navigation of the waters of this State, or of the United States, or of the high seas; nor while a student of any seminary of learning; nor while kept at any alms-house, or other asylum, at public expense; nor while confined in any public prison.
Page 182 - ... and acquiesced for a great length of time. Nothing can call forth this court into activity but conscience, good faith, and reasonable diligence; where these are wanting, the court is passive and does nothing. Laches and neglect are always discountenanced...
Page 607 - In all cases in which it shall be, made to appear to the court that a fair and impartial trial cannot be had in the county where the suit is pending...
Page 529 - The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday, and then it is also excluded.
Page 421 - Upon this and other evidence in the case, the counsel for the defendants (the now plaintiffs in error) asked the court to instruct the jury, that if they should find, from the evidence, that...
Page 414 - That suits, actions, and proceedings against any association under this title may be had In any circuit, district, or territorial court of the United States, held within the district in which such association may be established, or in any state, county, or municipal court in the county or city in which said association Is located, having jurisdiction in similar cases.