Reports of Cases Argued and Determined in the Supreme Court of Ohio, Volume 81Robert Clark, 1910 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 121
... Evidence . Where in a suit upon a promissory note the defense is that the note was given or obtained without a valuable consideration , the plaintiff has the affirmative of the issue and the burden of proof rests upon him , at every ...
... Evidence . Where in a suit upon a promissory note the defense is that the note was given or obtained without a valuable consideration , the plaintiff has the affirmative of the issue and the burden of proof rests upon him , at every ...
Page 122
... evidence made a prima facie case for consideration , it did not shift the burden of proof upon all the evidence relating to that issue to the defendant and require him to establish by a pre- ponderance of the evidence that the notes ...
... evidence made a prima facie case for consideration , it did not shift the burden of proof upon all the evidence relating to that issue to the defendant and require him to establish by a pre- ponderance of the evidence that the notes ...
Page 123
... evidence offered for that purpose counterbalance the evidence by which the prima facie case is made out or estab- lished ; it need not overbalance or outweigh it . Klunk v . Railway Co. , 74 Ohio St. , 125 ; Gibbs v . Bank , 123 Ia ...
... evidence offered for that purpose counterbalance the evidence by which the prima facie case is made out or estab- lished ; it need not overbalance or outweigh it . Klunk v . Railway Co. , 74 Ohio St. , 125 ; Gibbs v . Bank , 123 Ia ...
Page 124
... evidence tending to rebut this presumption to establish the fact of negligence by a preponderance of the evidence , and we are unable to see wherein such a case differs in any respect from the case of a presumption of consider- ation ...
... evidence tending to rebut this presumption to establish the fact of negligence by a preponderance of the evidence , and we are unable to see wherein such a case differs in any respect from the case of a presumption of consider- ation ...
Page 125
... evidence . This is , and has always been , the law in Ohio . Whatever the rule may be elsewhere , no matter how great the weight of authority in other juris- dictions , the law in Ohio on this question has long been settled and ...
... evidence . This is , and has always been , the law in Ohio . Whatever the rule may be elsewhere , no matter how great the weight of authority in other juris- dictions , the law in Ohio on this question has long been settled and ...
Contents
xxxii | |
xlvii | |
27 | |
98 | |
130 | |
171 | |
181 | |
184 | |
481 | |
483 | |
499 | |
509 | |
511 | |
518 | |
529 | |
530 | |
218 | |
227 | |
263 | |
280 | |
315 | |
332 | |
432 | |
447 | |
463 | |
474 | |
Other editions - View all
Common terms and phrases
47 Ohio St acre tract action Administrator Administratrix Admr affirmed Akron alleged appointment appraisers Argument for Defendant Argument for Plaintiff auditor authority Bank bonds Cincinnati circuit court city of Akron city solicitor claim Clermont County Cleveland Columbus common pleas construction contract council counsel court of common damages deed defendant in error demurrer ditch Doyle duly duty Erie Brewing Company evidence ex rel fire franchise gas company Gas Light governor grand jury Hocking County Hocking Valley Railway indictment insurance company intended intestate issue judgment Judson Harmon land legislation legislature liable loss Mary Doyle Mary Masters ment mortgage clause mortgagor municipal corporation negotiable instruments Ohio St Opinion ordinance party payment person petition plaintiff in error prosecuting attorney purpose question Railroad Commission Railway real estate relator Revised Statutes rule Section SHAUCK Statement street term therein tion Toledo township trial trustees Zanesville
Popular passages
Page 154 - Rights of property, like all other social and conventional rights, are subject to such reasonable limitations in their enjoyment as shall prevent them from being injurious, and to such reasonable restraints and regulations established by law as the legislature, under the governing and controlling power vested in them by the constitution may think necessary and expedient.
Page 21 - In the event of disagreement as to the amount of loss. the same shall, as above provided, be ascertained by two competent and disinterested appraisers, the insured and this company each selecting one, and the two so chosen shall first select a competent and disinterested umpire; the appraisers together shall then estimate and appraise the loss, stating separately sound value and damage, and, failing to agree, shall submit their differences to the umpire; and the award in writing of any two *shall...
Page 57 - When, therefore, one devotes his property to a use in which the public has an interest, lie in effect grants to the public an interest in that use, and must submit to be controlled by the public, for the common good, to the extent of the interest he has thus created.
Page 188 - Every such action shall be for the exclusive benefit of the wife or husband and children, or, If there be neither of them, then of the parents and next of kin, of the person whose death shall be so caused...
Page 306 - Signed and acknowledged by said Thomas Owens as his last will and testament in our presence and signed by us in his presence".
Page 154 - This enumeration of rights shall not be construed to impair or deny others retained by the people ; and all powers, not herein delegated, remain with the people.
Page 158 - The right of the people to be secure in their persons, houses, papers and effects, against unreasonable seizures and searches, shall not be violated; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place to be searched, and the persons and things to be seized.
Page 468 - A new trial shall not be granted on account of the smallness of damages in an action for an injury to the person or reputation, nor in any other action, where the damages shall equal the actual pecuniary injury sustained.
Page 368 - Any alteration which changes: — 1. The date; 2. The sum payable, either for principal or interest; 3. The time or place of payment; 4. The number or the relations of the parties; 5. The medium or currency in which payment is to be made; Or which adds a place of payment where no place of payment is specified, or any other change or addition which alters the effect of the instrument in any respect, is a material alteration.
Page 304 - State of Ohio, do make and publish this my Last Will and Testament. Item 1st, I give and devise to my beloved wife...