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action administrator adverse possession alleged allowed amount answer appeal application argument assignment authority bank brief cause cause of action charge circuit court claim complaint condition construction contract conveyance conveyed corporation costs counsel creditors damages deed defendant determine direct effect entered entitled error evidence executed facts follows further give given grant ground held highway hold injury intent interest judge judgment jury justice land learned liability machine March matter ment mistake mortgage necessary negligence notice objection officers opinion owner paid parties payment person plaintiff possession present proper purchase question reason received record recover respondent rule statute street sufficient suit taken testimony therein thereof tion town trial verdict village wife witness
Page 266 - The defendant may demur to the complaint within the time required in the summons to answer, when it appears upon the face thereof, either: 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action ; or, 2.
Page 647 - But, on the other hand, if these special circumstances were wholly unknown to the party breaking the contract, he at the most could only be supposed to have had in his contemplation the amount of injury which would arise generally, and in the great multitude of cases not affected by any special circumstances, from such a breach of contract.
Page 560 - 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.
Page 438 - The causes of action so united must all belong to one only of these classes, and must affect all the parties to the action, and not require different places of trial, and must be separately stated...
Page 655 - In the construction of a pleading for the purpose of determining its effect, its allegations shall be liberally construed, with a view to substantial justice between the parties.
Page 647 - ... such as may fairly and reasonably be considered either arising naturally, i. <?., according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at "the time they made the contract, as the probable result of the breach of it.
Page 421 - Upon these findings of facts the court rendered a judgment as follows: "It is therefore ordered, considered, and adjudged by the court that the plaintiff have and recover of and from the defendant the sum of...
Page 381 - ... was made in good faith and without any intent to hinder, delay, or defraud such creditors or purchasers.
Page 647 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.