The Northeastern Reporter, Volume 14West Publishing Company, 1888 - Law 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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Page 82
... prove by competent witnesses that , in October , 1884 , and since the commencement of the suit , it had constructed a fence of a certain descrip- tion , consisting of posts and fine wires , along its right of way through the plaintiff's ...
... prove by competent witnesses that , in October , 1884 , and since the commencement of the suit , it had constructed a fence of a certain descrip- tion , consisting of posts and fine wires , along its right of way through the plaintiff's ...
Page 83
... prove that the fence erected was such a fence as the agreement required , or that it had been accepted as a complete or partial compliance with the contract ; nor was it proposed to prove that the company had paid or tendered the costs ...
... prove that the fence erected was such a fence as the agreement required , or that it had been accepted as a complete or partial compliance with the contract ; nor was it proposed to prove that the company had paid or tendered the costs ...
Page 95
... prove it . These matters were new and in defense . The duty of setting them up and the burden of proving them were , therefore , upon him , and because he did not so plead and had not proved those things , the judgment of the court ...
... prove it . These matters were new and in defense . The duty of setting them up and the burden of proving them were , therefore , upon him , and because he did not so plead and had not proved those things , the judgment of the court ...
Page 107
... prove that her intestate suffered any conscious physical pain or mental distress in con- sequence of the accident . It being necessary for the plaintiff to prove that her intestate endured suffering , the ruling was correct upon the ...
... prove that her intestate suffered any conscious physical pain or mental distress in con- sequence of the accident . It being necessary for the plaintiff to prove that her intestate endured suffering , the ruling was correct upon the ...
Page 110
... prove him guilty . In such a case the jurors could not but have in mind that outside knowledge and opinion , and it might be difficult for them to resist the influence of it , and to render a verdict solely upon the evidence . The ...
... prove him guilty . In such a case the jurors could not but have in mind that outside knowledge and opinion , and it might be difficult for them to resist the influence of it , and to render a verdict solely upon the evidence . The ...
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Common terms and phrases
action affirmed agreement alleged Allen amount appellant appellant's appellee assessment assignment authority bill bond cause cause of action charged circuit court claim complaint contract counsel court of equity creditors damages debt deceased December 23 decree deed defendant defendant's demurrer duty entitled error evidence executed executor facts fendant filed firm fraud Grayville held husband indictment injury instructions Insurance judge judgment jury land liable lien Marion county Mass ment mortgage N. E. Rep negligence notice November 29 offense officer opinion paid party payment person petition plaintiff plaintiff in error premises proceedings prove purchaser purpose question Railroad Railroad Co Railway RAPALLO real estate reason record recover rule statute statute of frauds sufficient superior court supra Supreme Court sustained term testator testified thereof tion town township trial trustee verdict witness
Popular passages
Page 252 - No association, or any member thereof, shall, during the time it shall continue its banking operations, withdraw, or permit to be withdrawn, either in the form of dividends or otherwise, any portion Of its capital.
Page 52 - June all declarations or creations of trusts or confidences of any lands, tenements or hereditaments, shall be manifested and proved by some writing, signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 38 - The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday, and then it is also excluded.
Page 403 - The Judge has to say whether any facts have been established by evidence from which negligence may be reasonably inferred; the jurors have to say whether, from those facts, when submitted to them, negligence ought to be inferred.
Page 323 - Exchequer], that for the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the common law), four things are to be discerned and considered: — 1st.
Page 435 - ... of its capital, after deducting the assessed value of its real estate, and all shares of stock in other corporations actually owned by such company which are taxable upon their capital...
Page 300 - The cause of action, in such a case, is not deemed to have accrued, until the discovery, by the plaintiff, or the person under whom he claims, of the facts constituting the fraud.
Page 460 - Or if any change takes place in the title or possession of the property...
Page 599 - It is not enough that there is a remedy at law ; it must be plain and adequate, or, in other words, as practical and efficient to the ends of justice and its prompt administration as the remedy in equity.
Page 188 - But no law shall authorize the construction or operation of a street railroad except upon the condition that the consent of the owners of one-half in value of the property bounded on, and the consent also of the local authorities having the control of that portion of a street or highway upon which it is proposed to construct or operate such railroad be first obtained...