The Northwestern Reporter, Volume 50West Publishing Company, 1892 - Law reports, digests, etc |
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Common terms and phrases
action affidavit affirmed agent agreement alleged amount answer Appeal from district appellee assignment attachment attorney Bank bill bond Cass county cause certificate charge circuit court claim complaint contract conveyed coun counsel court of equity creditors damages Dane county debt decree deed defendant Defendant appeals defendant's district court entitled evidence executed fact fendant filed held indorsed injury interest Iowa issued Judge jury justice land lien lumber ment Minn mortgage motion Muskegon N. W. Rep Nebraska negligence notice Oneida county paid parties payment person petition plain plaintiff in error possession proceedings promissory note purchase question quiet title railroad reason record recover replevin respondent reversed rule sold statute suit Supreme Court term testified testimony thereof tiff tion trial verdict wing fence witness writ
Popular passages
Page 288 - Any court in which an action is pending, or a judge thereof may, upon notice, order either party to give to the other, within a specified time, an inspection and copy, or permission to take a copy, of...
Page 44 - Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial; 5.
Page 48 - ... whom it is to be served. The notice may also be served by post by a registered letter addressed to the person on whom it is...
Page 270 - In the name of God, Amen : I, Sarah M. Cottrell, of the Town of Scott in the County of Cortland and State of New York, being of sound mind and memory, do make, publish, and declare this my last Will and Testament in manner following, that is to say: First — I direct that all my just debts and funeral expenses be paid.
Page 186 - On the final passage, in either house of the Legislature, of any act which imposes, continues or revives a tax, or creates a debt or charge, or makes, continues or revives any appropriation of public or trust money...
Page 97 - The courts have concurred, it is believed, without an exception, in defining "color of title" to be that which in appearance is title, but which in reality is no title. They have equally concurred in attaching no exclusive or peculiar character or importance to the ground of the invalidity of an apparent or colorable title; the inquiry with them has been, whether there was an apparent or colorable title, under which an entry or a claim has been made in good faith.
Page 125 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2.
Page 92 - ... as, for example, if it appear that several distinct matters may have been litigated, upon one or more of which the judgment may have passed, without indicating which of them was thus litigated, and upon which the judgment was rendered, — the whole subject-matter of the action will be at large, and open to a new contention, unless this. uncertainty be removed by extrinsic evidence showing the precise point involved and determined. To apply the judgment, and give effect to the adjudication actually...
Page 20 - that cases on wills may guide us to general rules of construction ; but unless a case cited be in every respect directly in point, and agree in every circumstance, it will have little or no weight with the court, who always look upon the intention of the testator as the polar star to direct them in the construction of wills.
Page 146 - No estate or interest in lands, other than leases for a term not exceeding one year, nor any trust or power over or concerning lands, or in any manner relating thereto, shall hereafter be created, granted, assigned, surrendered, or declared, unless by act or operation of law, or by deed, or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering, or declaring the same, or by his lawful agent thereunto authorized by writing.