The Northeastern Reporter, Volume 36
West Publishing Company, 1894 - Law reports, digests, etc
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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action affirmed agent alleged allowed amendment amount answer appellant appellee application assigned authority bill building cause charge circuit court claim complaint conclusion condition consideration considered constitution construction contract counsel court damages deed defendant direct duty effect error evidence exceptions execution facts filed finding follows further give given granted ground held hold injury instructions Insurance intention interest issue Judge judgment jury land Mass matter means ment mortgage motion necessary negligence notice objection officers opinion overruling owner paid parties passed payment person plaintiff possession presented proceedings proper prove purchase question Railroad reason received record recover refused relation reversed rule statute sufficient sustained taken term thereof tion trial verdict witness
Page 257 - Every act shall embrace but one subject, and matters properly connected therewith; which subject shall be expressed in the title. But if any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
Page 190 - This policy is made and accepted subject to the foregoing stipulations and conditions, together with such other provisions, agreements, or conditions as may be endorsed hereon or added hereto, and no officer, agent, or other representative of this company shall have power to waive any provision or condition of this policy except such as by the terms of this policy may be the subject of agreement indorsed hereon or added hereto...
Page 327 - And shall have exclusive cognizance of all crimes and offences cognizable under the authority of the United States, except where this act otherwise provides, or the laws of the United States shall otherwise direct, and concurrent jurisdiction with the district courts of the crimes and offences cognizable therein.
Page 190 - ... no officer, agent, or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting the insurance under this policy exist or be claimed by the insured unless so written or attached.
Page 327 - States, that nothing in that act contained should be construed to deprive the courts of the individual states of jurisdiction, under the laws of the several states, over offences made punishable by that act.
Page 99 - That a defendant in any criminal case or proceeding shall only at his own request be deemed a competent witness, and his neglect to testify shall not create any presumption against him, nor shall the court permit any reference or comment to be made to or upon such neglect.
Page 406 - It is furthermore hereby provided and mutually agreed, that no suit or action against this company for the recovery of any claim by virtue of this policy shall be sustainable in any court of law or chancery, until after the award shall have been obtained fixing the amount of such claim in the manner above provided...
Page 191 - An action upon a contract obligation or liability express or implied, except a judgment or sealed instrument. 2. An action to recover upon a liability created by statute, except a penalty or forfeiture. 3. An action to recover damages for an injury to property, or a personal injury, except in a case where a different period is expressly prescribed in this article.
Page 121 - The court, in every stage of an action, must disregard any error or defect in the pleadings or proceedings which does not affect the substantial rights of the adverse party; and no judgment shall be reversed, or affected, by reason of such error or defect.