The Northeastern Reporter, Volume 38
West Publishing Company, 1895 - Law reports, digests, etc
Includes the decisions of the Supreme Courts of Massachusetts, Ohio, Indiana, and Illinois, and Court of Appeals of New York; May/July 1891-Mar./Apr. 1936, Appellate Court of Indiana; Dec. 1926/Feb. 1927-Mar./Apr. 1936, Courts of Appeals of Ohio.
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action affirmed alleged amount answer appellant appellee application assessment assignment authority bank benefit bond cause charge circuit court claim complaint construction contract corporation costs counsel court creditors cross damages deed defendant duty effect entered error evidence executed facts favor filed finding follows further give given ground held improvement injury instructions intended interest issue John Judge judgment jury land liability lots Mass matter ment mortgage motion necessary negligence notice objection opinion owner paid parties payment person plaintiff present proceedings proper purchase question railroad reason received record recover refused relation rule statute street sufficient suit taken term thereof tion train trial trust verdict wife witness
Page 112 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 341 - It is a maxim, not to be disregarded, that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit when the very point is presented for decision.
Page 305 - Company shall, to the extent of such payment, be thereupon legally subrogated to all the rights of the party to whom such payment shall be made, under all securities held as collateral to the mortgage debt...
Page 212 - That it shall be the duty of the Secretary of the Interior, as soon as may be practicable after the passage of this act, to make out an accurate list and plats of the lands described as aforesaid, and transmit the same to the Governor of the State of Arkansas; and at the request of said Governor, cause a patent to be issued to the State therefor; and on that patent the fee simple to said lands shall vest in the said State of Arkansas, subject to the disposal of the legislature thereof...
Page 192 - RULE 2. The bodies of those who have died of Diphtheria, Anthrax, Scarlet Fever, Puerperal Fever, Typhoid Fever, Erysipelas, Measles, and other contagious, infectious, or communicable diseases must be wrapped in a sheet thoroughly saturated with a strong solution of Bi-Chloride of Mercury, in the proportion of one ounce of Bi-Chloride of Mercury to a gallon of water; and encased in an Air-Tight Zinc...
Page 433 - Judges shall not charge juries with respect to matters of fact, but may state the testimony and declare the law.
Page 305 - ... insurance, as to the interest of the mortgagee (or trustee) only therein, shall not be invalidated by any act or neglect of the mortgagor or owner of the within described property...
Page 84 - This rule is founded on the plain and obvious principle, that a person must be presumed to intend to do that which he voluntarily and willfully does in fact do, and that he must intend all the natural, probable, and usual consequences of his own acts.
Page 308 - transfer " as used in this act shall be taken to include the passing of property or any interest therein in possession or enjoyment, present or future, by inheritance, descent, devise, bequest, grant, deed, bargain, sale or gift in the manner herein prescribed. The words
Page 187 - In every case involving actionable negligence, there are necessarily three elements necessary to its existence : 1. The existence of a duty on the part of the defendant to protect the plaintiff from the injury of which he complains. 2. A failure by the defendant to perform that duty. 3. An injury to the plaintiff from such failure of the defendant. When these elements are brought together, they unitedly constitute actionable negligence. The absence of any one of these elements renders a complaint...