The Northwestern Reporter, Volume 117West Publishing Company, 1908 - Law reports, digests, etc |
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Results 1-5 of 99
Page 3
... matter should be considered in mitigation of damages as above explained . " We have already indicated our views with ... matter of costs , and it is better practice not to refer to it in the instructions . If it is referred to , the jury ...
... matter should be considered in mitigation of damages as above explained . " We have already indicated our views with ... matter of costs , and it is better practice not to refer to it in the instructions . If it is referred to , the jury ...
Page 6
... matter of service of the printed ab- stract on appeal is governed by rule 29 of the Supreme Court , providing that " at least 30 days before the day assigned for the hearing of the cause , the appellant shall serve upon each appellee ...
... matter of service of the printed ab- stract on appeal is governed by rule 29 of the Supreme Court , providing that " at least 30 days before the day assigned for the hearing of the cause , the appellant shall serve upon each appellee ...
Page 8
... matters alleged are in no wise related to the cause of action declared upon by plaintiff nor to the subject - matter thereof . For a further de- fense it is pleaded that McAlister was at all times a resident of Muscatine county , where ...
... matters alleged are in no wise related to the cause of action declared upon by plaintiff nor to the subject - matter thereof . For a further de- fense it is pleaded that McAlister was at all times a resident of Muscatine county , where ...
Page 9
... matter in con- troversy against his interest , and at vari- ance with the contentions now presented by defendant standing in the relation of legal representative . Had a person who was stand- ing by when the deposition was taken been ...
... matter in con- troversy against his interest , and at vari- ance with the contentions now presented by defendant standing in the relation of legal representative . Had a person who was stand- ing by when the deposition was taken been ...
Page 29
... matter . The contract did not require Keefe to put in any certain fixtures , nor was he bound to put in any which cost more than $ 500 . Indeed , it appears that the matter of the character and kind of electric fixtures to be put in was ...
... matter . The contract did not require Keefe to put in any certain fixtures , nor was he bound to put in any which cost more than $ 500 . Indeed , it appears that the matter of the character and kind of electric fixtures to be put in was ...
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Common terms and phrases
affirmed alleged amendment amount Appeal from District appellee assessment authority bank cause of action Cent certificate charge circuit court claim Code commissioner complaint contention contract contributory negligence corporation counsel damages decree deed defendant defendant's demurrer deposit account district court ditch duty easement elaterite entitled error estoppel evidence executed fact favor fendant filed foreclosure granted held hoisting devices Iowa issue Judge judgment jurisdiction jury land liquor machine ment Minn mortgage negligence Note.-For notice opinion owner paid parties payment peremptory challenges person petition plain plaintiff pleaded Portage Lake possession premises probate proceedings purchase purpose question quitclaim deed railroad reason record recover respondent rule Sioux City South Dakota statute Supreme Court testator testified testimony therein thereof tiff tion trial court verdict void wife witness
Popular passages
Page 373 - ... 1. 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 386 - Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Page 313 - All laws of a general nature shall have a uniform operation; the General Assembly shall not grant to any citizen or class of citizens, privileges or immunities, which upon the same terms shall not equally belong to all citizens.
Page 278 - ... must be filled up strictly !n accordance with the authority given, and within a reasonable time. But if any such instrument, after completion, is negotiated to a holder in due course, it is valid and effectual for all purposes in his hands, and he may enforce it as if it had been filled up strictly in accordance with the authority...
Page 269 - Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title Of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as a holder in due course.
Page 138 - All patents granted, or preemption or homesteads allowed, shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or recognized by the preceding section.
Page 278 - But if any such instrument, after completion, is negotiated to a holder in due course, it is valid and effectual for all purposes in his hands, and he may enforce it as if it had been filled up strictly in accordance with the authority given and within a reasonable time.
Page 386 - ... although the death shall have been caused under such circumstances as amount in law to felony.
Page 432 - If at any time there shall be evidence of any lien or claim for which, if established, the Owner of the said premises might become liable, and which is chargeable to the Contractor, the Owner shall have the right to retain out of any payment then due or thereafter to become due an amount sufficient to completely indemnify him against such lien or claim.
Page 138 - Whenever, by priority of possession, rights to the use of water for mining, agricultural, manufacturing or other purposes, have vested and accrued, and the same are recognized and acknowledged by the local customs, laws and decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same...