Reports of Cases Argued and Determined in the Ohio Circuit Courts...: Ohio Circuit DecisionsLaning printing Company, 1922 - Law reports, digests, etc |
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Page 2
... plaintiff in error . Blandin , Rice & Ginn , for defendant in error . MARVIN , J. The plaintiff in error , Frank B. Brown , was secretary and treasurer of the Arcade Savings Bank Company , which com- pany afterward merged with and ...
... plaintiff in error . Blandin , Rice & Ginn , for defendant in error . MARVIN , J. The plaintiff in error , Frank B. Brown , was secretary and treasurer of the Arcade Savings Bank Company , which com- pany afterward merged with and ...
Page 24
... ERROR . KINKADE , J. This case is in this court for the third time . At the first trial of the case a verdict was ... plaintiff in error did not file a supersedeas bond . The case was retried in the common pleas court and a verdict of ...
... ERROR . KINKADE , J. This case is in this court for the third time . At the first trial of the case a verdict was ... plaintiff in error did not file a supersedeas bond . The case was retried in the common pleas court and a verdict of ...
Page 29
... errors that have been alleged . The plaintiff in error here contends first that a verdict should have been directed at the close of the plaintiff's evidence , and not securing that , it should have been directed upon the motion that was ...
... errors that have been alleged . The plaintiff in error here contends first that a verdict should have been directed at the close of the plaintiff's evidence , and not securing that , it should have been directed upon the motion that was ...
Page 49
... error . The charge was made in the court below that at the times mentioned in the affidavit one Gershom K. Wheeland ... plaintiff in error , whereupon one asked for the drinks for the two , which was supplied and paid for by the one ...
... error . The charge was made in the court below that at the times mentioned in the affidavit one Gershom K. Wheeland ... plaintiff in error , whereupon one asked for the drinks for the two , which was supplied and paid for by the one ...
Page 94
... error to charge a jury that they have the " right to disregard any evidence that you choose and consider that only which appeals to your sense of justice and fairness . " ERROR . Ernst , Cassatt & Cottle , for plaintiff in error ...
... error to charge a jury that they have the " right to disregard any evidence that you choose and consider that only which appeals to your sense of justice and fairness . " ERROR . Ernst , Cassatt & Cottle , for plaintiff in error ...
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Common terms and phrases
action affidavit affirmed Akron alimony alleged amount answer appears authority bank bankruptcy bill of lading box company brought charge Circuit Court city of Cleveland claim Cleveland Railway Company coal Cole common pleas court concur construction contract contributory negligence conveyance corporation counsel court of common creditors Cuyahoga 8th Cuyahoga County Circuit damages deed defendant in error defendant's demurrer elevator employe evidence fact fendant filed grade injury insolvent judge judgment June 17 jury Koblitz liable Lucas County Circuit lumber Madak ment mortgage motion municipal negligence Nernst Lamp Ohio St opinion ordinance overruled paid parties payment Pennsylvania Co person plaintiff in error pleadings premises proceeding question R. S. Sec railroad real estate reason record recover refused res adjudicata reversed rule says statute street Summit County sustained testator testimony thereof tion Toledo track trial verdict Welsh & Soest witness Woolson
Popular passages
Page 346 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered as either arising naturally, ie, according to the usual course of things, from such breach of contract itself...
Page 209 - Every sale, mortgage, or assignment made by debtors, and every judgment suffered by any defendant, or any act or device done or resorted to by a debtor in contemplation of insolvency and with the design to prefer one or more creditors to the exclusion in whole or in part of others...
Page 255 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Page 339 - And, in addition, he engages that on due presentment, it shall be accepted or paid, or both, as the case may be, according to its tenor, and that if it be dishonored, and the necessary proceedings on dishonor be duly taken, he will pay the amount thereof to the holder, or to any subsequent indorser...
Page 278 - Act to recover damages for personal injuries to an employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee...
Page 207 - That all conveyances, transfers, assignments, or incumbrances of his property, or any part thereof, made or given by a person adjudged a bankrupt under the provisions of this act subsequent to the passage of this act and within four months prior to the filing of the petition, 'with the intent and purpose on his part to hinder, delay, or defraud his creditors, or any of them, shall be null and void as against the creditors of such debtor, except as to purchasers in good faith and for a present fair...
Page 405 - ... shall be taken as true unless the denial of the same be verified by the affidavit of the party, his agent or attorney.
Page 243 - June 11, and the motion for a new trial was overruled and judgment entered on the verdict December 12, 1890.
Page 338 - And a signature on a blank paper delivered by a person making the signature in order that the paper may be converted into a negotiable instrument operates as a prima facie, authority to fill it up as such for any amount.
Page 252 - A judgment shall not be vacated on motion or petition, until it is adjudged that there is a valid defense to the action in which the judgment is rendered, or, if the plaintiff seeks its vacation, that there is a valid cause of action...