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action alleged allowed amount answer appeal applied assignment authority bill bond brought cause charge circuit court claim complaint condition consideration considered construction contract corporation counsel creditors damages debt decree deed defendant defendant's determine district court effect entered entitled error evidence execution facts Filed follows further give given ground held injury instruction intended interest issue judge judgment jury justice land liable Michigan mortgage motion N. W. Rep necessary negligence notice objection October opinion owner paid parties payment person petition plaintiff possession premises present proceedings proof proper purchase question railroad reason received record recover refused relation rendered respondent rule secure sold statute sufficient suit sustained taken term testimony thereof tion trial trust witness
Page 69 - I believe quite correctly, that "the rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester, that, although there may have been negligence on the part of the plaintiff, yet unless he might, by the exercise of ordinary care, have avoided the consequences of the defendant's negligence, he is entitled to recover; if by ordinary care he might have avoided them, he is the author of his own wrong.
Page 36 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue without joining with him the person for whose benefit the action is prosecuted. A person with whom or in whose name a contract is made for the benefit of another is a trustee of an express trust within the meaning of this section.
Page 15 - A communication made bona fide upon any subject-matter In which the party communicating has an interest, or in reference to which he has a duty, is privileged if made to a person having a corresponding interest or duty, although it contain criminatory matter, which, without this privilege, would be slanderous and actionable...
Page 654 - The city then interposed a demurrer to the petition on the ground that it did not state a cause of action. The...
Page 34 - Bank," and the defendant contends that the action should have been brought in the name of the person who was then cashier, and will not lie in the name of the corporation.
Page 579 - In testimony whereof, I, Andrew Jackson, PRESIDENT OF THE UNITED STATES OF AMERICA, have caused these Letters to be made Patent, and the seal of the General Land Office to be hereunto affixed.
Page 74 - It is assumed that twelve men know more of the common affairs of life than does one man; that they can draw wiser and safer conclusions from admitted facts thus occurring than can a single judge.
Page 559 - States or given aid and comfort to its enemies, and that such application is made for his or her exclusive use and benefit, and that said entry is made for the purpose of actual settlement and cultivation, and not either directly or indirectly for the use or benefit of any other person...