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accept action affirmed agreed agreement alleged amount answer appeared appellant application assignment assumed authority Bank Barb boat brought Brown cause chap charge claim Code complaint condition consideration contract conveyed court damages death decided deed defendant defendant's directed duty effect entered entitled error evidence exception executed existence facts favor finding further give given granted ground held highway injury insured intent interest John judgment jury land lease liable loss March material matter mortgage notice Opinion owner paid parties payment performance person plaintiff possession premises presented prove purchase question real estate reason received recover reference refused relation remove rent request respondent result reversed rule Smith Special Statement statute street sufficient taken Term thereof tion trial trustees wife York
Page 475 - 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 445 - ... and every corporation whose railroad is, or shall be hereafter, intersected by any new railroad, shall unite with the owners of such new railroad in forming such intersections and connections, and grant facilities therefor; and if the two corporations cannot agree upon the amount of compensation...
Page 96 - Majesty's dominions, or, in the case of a foreign ship, in the country to which such ship may belong, as a physician, surgeon, or apothecary, nor unless his name shall have been notified to the emigration officer at the port of clearance, and shall not be objected to by him...
Page 136 - ... if the interest of the insured be other than unconditional and sole ownership; or if the subject of insurance be a building on ground not owned by the insured in fee simple; or if the subject of insurance be personal property and be or become incumbered by a chattel mortgage...
Page 389 - Every husband, wife, child, parent, guardian, employer or other person, who shall be injured in person or property, or means of support, by any intoxicated person...
Page 204 - In this case the plaintiff was not satisfied with a recovery based on the value of the trees destroyed, after separation from the realty, of which they formed a part — as indeed he should not have been, as such value was little or nothing — so he sought to obtain the loss occasioned to the land...
Page 518 - ... or by an officer or agent of a corporation or banking association, in the course of his employment as such, or by any factor, agent, broker, or other person in a fiduciary capacity, or for any misconduct or neglect in office or in a professional employment.
Page 184 - The plaintiff gave evidence of malice when she proved the falsity of the libelous publication, and in the absence of evidence on the part of the defendant tending to show that it had neither the desire nor the intention to wrong her, it would have been the duty of the court to instruct the jury that the plaintiff might be awarded exemplary damages in their discretion.