The Northwestern Reporter, Volume 116West Publishing Company, 1908 - Law reports, digests, etc |
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Common terms and phrases
adverse possession affirmed agent alleged amount Appeal from District appellee April 23 assignment attorney authority Bank bond cause of action Cent charge Circuit Court claim complainant contract contributory negligence conveyance counsel creditors damages deceased decree deed defendant defendant's demurrer dence directed verdict district court Douglas county duty entitled error evidence execution fact fendant filed foreclosure furnished granted held injury instructions Iowa issue Judge judgment jury land lien lumber ment Minn mortgage motion Nebraska negligence Note.-For notice opinion owner paid parties payment person petition plain plaintiff plaintiff in error pleadings possession proceedings purchase question quitclaim deed reason record recover rule statute sufficient suit Supreme Court sustained testified testimony thereof tiff tion treasury stock trial court usury verdict witness writ
Popular passages
Page 347 - 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.
Page 347 - 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 the interest thus paid from the association taking or receiving the same ; Provided, That such action is commenced within two years from the time the usurious transaction occurred.
Page 196 - ... the expense incurred by the Owner in finishing the work, such excess shall be paid by the Owner to the Contractor ; but if such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner . The expense incurred by the Owner as herein provided, either for furnishing materials or for finishing the work, and any damage incurred through such default, shall be audited and certified by the Architect, whose certificate thereof shall be conclusive upon the parties.
Page 275 - We take the general doctrine to be, in this country, (though there may be exceptional cases and some authorities to the contrary,) that the powers of corporations, organized under legislative statutes, are such, and such only, as those statutes confer. Conceding the rule applicable to all statutes, that what is fairly implied is as much granted as what is expressed, it remains that the charter of a corporation is the measure of its powers, and that the enumeration of these powers implies the exclusion...
Page 285 - The court must, in every stage of an action, disregard any error or defect, in the pleadings or proceedings, which does not affect the substantial rights of the adverse party; and no judgment can be reversed or affected by reason of such error or defect.
Page 266 - ... shall be void as against any subsequent purchaser, in good faith and for a valuable consideration of the same real estate, or any portion thereof, whose conveyance shall be first duly recorded.
Page 175 - Duress exists when one by the unlawful act of another is induced to make a contract or perform some act under circumstances which deprive him of the exercise of free will.
Page 253 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 76 - Any city, county, township, town, school district, or any other political subdivision incurring indebtedness shall, at or before the time of so doing, provide for the collection of an annual tax sufficient to pay the interest and also' the principal thereof when due, and all laws or ordinances providing for the payment of the interest or principal of any debt shall be irrepealable until such debt be paid.
Page 97 - If the' property taken be claimed by any other person than the defendant or his agent, and such person make affidavit of his title thereto, or right to the possession thereof, stating the grounds of such title or right, and serve the same upon the...