Reports of Cases Argued and Determined in the Courts of Appeals of Ohio, Volume 5Excelior Publishing Company, 1917 - Law reports, digests, etc |
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Common terms and phrases
action Admr adopted alleged amended application Ashland Bank assessment attorney authority avers Ballard Belmont County board of education certify record overruled charge child Chillicothe claim Cline Code common pleas court concur Constitution contract Counsel for plaintiff county board Court of Appeals court of common decedent decree deed defendant in error demurrer directed verdict duty evidence ex rel facts Fassig favor February 29 fees fendant filed fund guy-wire heirs HOUCK judge Judgment affirmed jurisdiction jury justice lien Lucas county Mad River Township ment Messrs Miami County mortgage Motion to certify N. W. Rep negligence Ohio St opinion parties Penick Pennsylvania Co pension Perry Township person plaintiff in error proceedings prosecuting question railroad reason Road Machinery rule school district Section Slemmons stallion Stark county statute supreme court sustained testator testimony thereof thereto tiff tion trial court trustees Vura Walcutt witness
Popular passages
Page 134 - In any trial, in any court, the party accused shall be allowed to appear and defend in person and with counsel, to demand the nature and cause of the accusation against him, and to have a copy thereof...
Page 444 - The title of a person who negotiates an instrument is defective within the meaning of this act when he obtained the instrument, or any signature thereto, by fraud, duress or force and fear or other unlawful means, or for an illegal consideration or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud.
Page 249 - What usually is done may be evidence of what ought to be done, but what ought to be done is fixed by a standard of reasonable prudence, whether it usually is complied with or not.
Page 443 - That it is complete and regular upon its face; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4. That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Page 113 - No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements, nor unless commenced within twelve months next after the fire.
Page 447 - Except where an indorsement bears date after the maturity of the instrument, every negotiation is deemed prima facie to have been effected before the instrument was overdue.
Page 435 - ... there is not here involved any attempt by Congress to enlarge or regulate the jurisdiction of state courts or to control or affect their modes of procedure, but only a question of the duty of such a court, when its ordinary jurisdiction, as prescribed by local laivs, is appropriate to the occasion...
Page 492 - The judgment will, therefore, be reversed and the cause remanded with instructions to overrule the demurrer and for further proceedings. It...
Page 470 - In the name of the Beloved Father of all: Amen. "I, Jerome & Loretta County of Sandusky, and State of Ohio, being about 64 & 65 years of age, and being of sound and disposing mind and memory, do make, publish and declare this my last will and testament, hereby revoking and making null and void all other last wills and testaments by me made heretofore.
Page 480 - For the purpose of providing compensation to workmen and their dependents, for death, injuries or occupational disease, occasioned in the course of such workmen's employment, laws may be passed establishing a state fund to be created by compulsory contribution thereto by employers, and administered by the state determining the terms and conditions upon which payment shall be made therefrom...