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action alleged allowed amount answer appeal authority bank bill bond brought cause character charge cited claim common condition constitution contract corporation court creditors crime damages debt decision defendant delivered duty effect enforce entitled equity error evidence execution exercise exist express fact give given granted ground held hold injury interest Iowa issue judge judgment jurisdiction jury Justice land liable limits Lord Mass matter means ment mortgage nature necessary negligence notice objection Ohio opinion owner paid parties payment person plaintiff possession present principle proceedings proper provision purchaser question railroad reason received recover regard rendered respect rule says statute street sufficient suit Supreme Court taken tion Torts trial United unless witness
Page 44 - In the construction of a pleading for the purpose of determining its effect, its allegations shall be liberally construed, with a view to substantial justice between the parties.
Page 168 - Viet. c. 109, s. 18, it is enacted, that all contracts or agreements, whether by parol or in writing, by way of gaming or wagering, shall be null and void ; and that no suit shall be brought or maintained in any court of law or equity for recovering any sum of money or valuable thing alleged to be won upon any wager, or which shall have been deposited in the hands of any person to abide the event on which any wager shall have been made...
Page 422 - persons and property are subjected to all kinds of restraints and burdens, in order to secure the general comfort, health, and prosperity of the State ; of the perfect right of the Legislature to do which no question ever was, or upon acknowledged general principles ever can be, made, so far as natural persons are concerned.
Page 122 - The income out of which the mortgagee is to be paid is the net income obtained by deducting from the gross earnings what is required for necessary operating and managing expenses, proper equipment, and useful improvements. Every railroad mortgagee in accepting his security impliedly agrees that the current debts made in the ordinary course of business shall be paid from the current receipts before he has any claim upon the income.
Page 303 - But when a party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident or inevitable necessity, because he might have provided against it by his contract.
Page 221 - That in all criminal prosecutions the accused shall enjoy the right to be heard by himself and counsel...
Page 241 - Where a matter is so essentially necessary to be proved that, had it not been given in evidence, the jury could not have given such a verdict, there the want of stating that matter in express terms in a declaration, provided it contains terms sufficiently general to comprehend it in fair, and reasonable intendment, will be cured by a verdict...
Page 367 - If the assured, being in the possession of his ordinary reasoning faculties, from anger, pride, jealousy, or a desire to escape from the ills of life, intentionally takes his own life, the proviso attaches, and there can be no recovery.
Page 268 - It is good neither to eat flesh, nor to drink wine, nor any thing whereby thy brother stumbleth, or is offended, or is made weak.