The Northeastern Reporter, Volume 118West Publishing Company, 1918 - Law reports, digests, etc |
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Results 1-5 of 62
Page 4
... plea was a plea of accord and satisfaction . The seventh plea was a plea of payment . The eighth plea was a plea of set - off . The plaintiff replied to the second , third , and fourth pleas that he ought not to be barred , because the ...
... plea was a plea of accord and satisfaction . The seventh plea was a plea of payment . The eighth plea was a plea of set - off . The plaintiff replied to the second , third , and fourth pleas that he ought not to be barred , because the ...
Page 50
... plea and answer to the same matter , the answer overrules the plea . 2. APPEAL AND ERROR 171 ( 3 ) -THEORY OF CHANCELLOR AND PARTIES - PLEADING - Is- SUES . Where a plea is not set down for argument , and the chancellor and the parties ...
... plea and answer to the same matter , the answer overrules the plea . 2. APPEAL AND ERROR 171 ( 3 ) -THEORY OF CHANCELLOR AND PARTIES - PLEADING - Is- SUES . Where a plea is not set down for argument , and the chancellor and the parties ...
Page 51
... plea said defendant avers to be true , and demands judgment and prays to be dismissed with his costs . " It will be observed that this plea is not in proper form as a plea in equity . By his an- swer appellant denies each and every ...
... plea said defendant avers to be true , and demands judgment and prays to be dismissed with his costs . " It will be observed that this plea is not in proper form as a plea in equity . By his an- swer appellant denies each and every ...
Page 52
... plea , joined issue upon both the plea and the answer . Following the text in 16 Ency . of Pl . & Pr . 610 , and the case of Sei- freid v . People's Bank , supra , the court held that , as the parties litigant and the chancel- lor had ...
... plea , joined issue upon both the plea and the answer . Following the text in 16 Ency . of Pl . & Pr . 610 , and the case of Sei- freid v . People's Bank , supra , the court held that , as the parties litigant and the chancel- lor had ...
Page 54
... plea , and the city of Chicago , the comp- troller , and the city treasurer filed a joint and several answer and plea . These an- swers and pleas were all identical . The an- swers denied that at any time there were any inmates of the ...
... plea , and the city of Chicago , the comp- troller , and the city treasurer filed a joint and several answer and plea . These an- swers and pleas were all identical . The an- swers denied that at any time there were any inmates of the ...
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Popular passages
Page 365 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Page 143 - out of the employment when there is apparent to the rational mind upon a consideration of all the circumstances, a causal connection between the conditions under which the work is required to be performed and the resulting injury.
Page 12 - ... happening by chance, unexpectedly taking place, not according to the usual course of things, or not as expected;' that, if a result is such as follows from ordinary means, voluntarily employed, in a not unusual or unexpected way, it cannot be called a result effected by accidental means; but that if, in the act which precedes the injury, something unforeseen, unexpected, unusual occurs which produces the injury, then the injury has resulted through accidental means.
Page 336 - Signed, sealed, published and declared by the said John Alden, 2nd, as and for his last will and testament, in the presence of us, who, at his request, and in his presence, and in the presence of each other have subscribed our names as witnesses the day and year above written.
Page 83 - Wherever the interstate and intrastate transactions of carriers are so related that the government of the one involves the control of the other, it is Congress, and not the State, that is entitled to prescribe the final and dominant rule, for otherwise Congress would be denied the exercise of its constitutional authority and the State, and not the Nation, would be supreme within the national field.
Page 429 - No public utility shall raise any rate, fare, toll, rental or charge or so alter any classification, contract, practice, rule or regulation as to result in an increase in any rate, fare, toll, rental or charge, under any circumstances whatsoever, except upon a showing before the Commission and a finding by the Commission that such increase is justified.
Page 431 - Where the injury for which compensation is payable under this act was caused under circumstances creating a legal liability in some person other than the employer...
Page 112 - At the close of all the evidence defendant moved the court to direct the jury to return a verdict in his favor.
Page 240 - Where the seller delivers to the buyer a quantity of goods larger than he contracted to sell, the buyer may accept the goods included in the contract and reject the rest, or he may reject the whole.
Page 37 - Every husband, wife, child, parent, guardian, employer or other person, who shall be injured in person or property, or means of support, by any intoxicated .person, or in consequence of the intoxication, habitual or otherwise, of any person, shall have a right of action in his or her own name, severally or jointly, against any person or persons who shall, by selling or giving intoxicating liquors, have caused the intoxication, in whole or in part, of such person or persons...