The Northwestern Reporter, Volume 25West Publishing Company, 1886 - Law reports, digests, etc |
From inside the book
Results 1-5 of 79
Page 28
... defendant so ob- structed a natural water - course on his land that the waters thereof ran upon the land of the plaintiff through a ditch dug by the defendant on his own land , and caused and is causing the damage and injury complained ...
... defendant so ob- structed a natural water - course on his land that the waters thereof ran upon the land of the plaintiff through a ditch dug by the defendant on his own land , and caused and is causing the damage and injury complained ...
Page 41
... defendant , or some other person under whom the defendant claims title subsequent to the date of record- ing such mortgage ; and , second , that such mortgaged property has been duly sold upon the foreclosure of such mortgage under the ...
... defendant , or some other person under whom the defendant claims title subsequent to the date of record- ing such mortgage ; and , second , that such mortgaged property has been duly sold upon the foreclosure of such mortgage under the ...
Page 69
... defendant , it then devolves upon the defendant to satisfy you that the negligence and want of ordinary care of the plaintiff contributed thereto , to prevent a recovery in the case . “ ( 2 ) If you find defendant did not use ordinary ...
... defendant , it then devolves upon the defendant to satisfy you that the negligence and want of ordinary care of the plaintiff contributed thereto , to prevent a recovery in the case . “ ( 2 ) If you find defendant did not use ordinary ...
Page 85
... defendant . MAXWELL , J This is an action brought by the plaintiff against the de- fendant to recover certain commissions for the alleged sale of 207 acres of land near Lincoln , in the spring of 1883. The answer of defendant admits ...
... defendant . MAXWELL , J This is an action brought by the plaintiff against the de- fendant to recover certain commissions for the alleged sale of 207 acres of land near Lincoln , in the spring of 1883. The answer of defendant admits ...
Page 94
... defendant in error testifying that plaintiff in error said to him that he , plaintiff in error , had purchased 40 acres of timbered land for $ 530 , and proposed that if defendant in error would oversee and attend to the cutting ...
... defendant in error testifying that plaintiff in error said to him that he , plaintiff in error , had purchased 40 acres of timbered land for $ 530 , and proposed that if defendant in error would oversee and attend to the cutting ...
Other editions - View all
Common terms and phrases
action affidavit affirmed alleged amount answer appeal assignment attorney authority bill bond cause charge circuit court claim complaint contract contributory negligence corporation counsel court of equity creditors damages debt decree deed defendant defendant's demurrer district court entitled equity evidence execution fact fendant Filed November Filed October foreclosure fraud garnishee held injury instruction intended interest Iowa issue judge judgment jurisdiction jury justice land liable lien lumber Lundbeck ment Merrick county Michigan Central Railroad Milwaukee county Minn mortgage motion N. W. Rep negligence notice November 19 objection October 23 owner paid parties payment person petition plaintiff in error pleaded possession premises proceedings purchase question Railroad Company real estate reason recognizance record recover rendered replevin respondent rule sold statute sufficient suit sustained testimony therein thereof tion trial trust verdict void witness writ
Popular passages
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 223 - ... a question of fact for the jury, and not of law for the court.
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...
Page 572 - And section 3 of said act provides that if any person shall unlawfully kill another without malice, either upon a sudden quarrel or unintentionally, while the slayer is in the commission of some unlawful act...