The Northwestern Reporter, Volume 70West Publishing Company, 1897 - Law reports, digests, etc |
From inside the book
Results 1-5 of 76
Page 7
... authority , and under a legislative act in terms conferring the power to act in the man- ner admitted and proven . Some of these acts were done pursuant to legislative enactments prior to the passage of chapter 381 , Sp . Laws 1891 ...
... authority , and under a legislative act in terms conferring the power to act in the man- ner admitted and proven . Some of these acts were done pursuant to legislative enactments prior to the passage of chapter 381 , Sp . Laws 1891 ...
Page 16
... authority given by the common - law pro- cedure act must be governed by those principles which for a long series of years have been recog- nized in courts of equity , where the law as to dis- covery has grown up and been matured . The ...
... authority given by the common - law pro- cedure act must be governed by those principles which for a long series of years have been recog- nized in courts of equity , where the law as to dis- covery has grown up and been matured . The ...
Page 17
... authority to perform acts strictly judicial . It has not been the practice for officers empowered to take tes- timony to attempt to do either of those things , and we have understood the consensus of opin- ion to be that they were ...
... authority to perform acts strictly judicial . It has not been the practice for officers empowered to take tes- timony to attempt to do either of those things , and we have understood the consensus of opin- ion to be that they were ...
Page 28
... authority to construct the cut and fill in the street in front of Taylor's prop- erty ; and that , therefore , the acts of the coun- ty in the premises were not ultra vires . ( 2 ) That it was immaterial what technical name might be ...
... authority to construct the cut and fill in the street in front of Taylor's prop- erty ; and that , therefore , the acts of the coun- ty in the premises were not ultra vires . ( 2 ) That it was immaterial what technical name might be ...
Page 44
... authority to discharge the men hired by him . Cochran and his section men were put to work on a gravel train of the railway company . This gravel train , the crew thereof , and all the men working thereon , in- cluding Cochran and his ...
... authority to discharge the men hired by him . Cochran and his section men were put to work on a gravel train of the railway company . This gravel train , the crew thereof , and all the men working thereon , in- cluding Cochran and his ...
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Common terms and phrases
adverse possession affirmed agent agreement alleged amount appellee assignment authority bank bill bond Burt county cause of action Cedar Rapids charge circuit court claim complainant contract corporation counsel court of equity creditors damages debt deceased decree deed defendant defendant in error defendant's Deuster district court Douglas county entitled evidence executed fact favor Feige fendant filed held injury insolvent instruction interest Iowa issue Judge judgment jury land liability lien Lumber mechanic's lien ment Minn mortgage Nebraska negligence notice owner paid parties payment person petition plaintiff in error pleaded Polk county possession premises proceedings promissory note purchase purpose question railroad company railway reason received record recover rule sold statute suit Supreme Court sustained testimony thereof tiff tion trial court usurious verdict void witness
Popular passages
Page 404 - In an action for the recovery of money only, or specific real property, the jury, in their discretion, may render a general or special verdict. In all other cases the court may direct the jury to find a special verdict in writing upon all or any of the issues, and in all cases may instruct them, if they render a general verdict, to find upon particular questions of fact, to be stated in writing, and may direct a written finding thereon.
Page 61 - ... by neglect of the insured to use all reasonable means to save and preserve the property at and after a fire, or when the property is endangered by fire in neighboring premises...
Page 348 - is between the delegation of power to make the law, which necessarily involves a discretion as to what it shall be, and conferring authority or discretion as to its execution, to be exercised under and in pursuance of the law. The first cannot be done ; to the latter no valid objection can be made.
Page 206 - In pleading a private statute or a right derived therefrom, it shall be sufficient to refer to such statute by its title and the day of its passage, and the court shall thereupon take judicial notice thereof.
Page 352 - No person duly authorized to practice physic or surgery, shall be allowed to disclose any information which he may have acquired in attending any patient, in a professional character, and which information was necessary to enable him to prescribe for such patient as a physician, or to do any act for him as a surgeon (id.
Page 354 - This statute is in derogation of the common law, therefore it is not to be extended by implication or construction. "As a rule of exposition, statutes are to be construed in reference to the principles of the common law ; for it is not to be presumed that the legislature intended to make any innovation upon the common -law, further than the case absolutely required.
Page 27 - The property of no person shall be taken or damaged for public use without just compensation therefor.
Page 221 - Every stockholder in a banking corporation or institution shall be individually responsible and liable to its creditors, over and above the amount of stock by him or her held, to an amount equal to his or her respective shares so held, for all its liabilities accruing while he or she remains such stockholder.
Page 56 - 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 358 - While resisting an attempt by such other person to commit any felony, or to do any other unlawful act : or, 2. After such attempt shall have failed: Shall be deemed guilty of manslaughter in the second degree.