The Northeastern Reporter, Volume 65
West Publishing Company, 1903 - 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 agreement alleged amount answer appellant appellee appointed assessment assignment authority bank bill brought cause charge claim complaint constitution construction contract corporation counsel court damages decree deed defendant direct duty entered entitled error evidence exceptions executed facts favor filed finding follows further give given granted ground held injury instructions interest issue Judge judgment jury land liable lien lots Mass matter ment mortgage motion necessary negligence notice objection Ohio owner paid parties passed payment person petition plaintiff presented proceedings purchase question railroad reason received record recover reference refused reversed road rule secure side statute street sufficient suit taken testimony thereof tion town track trial trust verdict wife wires witness
Page 9 - After the jury have retired for deliberation, if there be a disagreement between them as to any part of the testimony, or if they desire to be informed of any point of law arising in the cause, they may require the officer to conduct them into court.
Page 200 - The Constitution of the United States and the acts of Congress, recognize and establish the distinction between law and equity. The remedies in the courts of the United States are, at common law or in equity, not according to the practice of State courts, but according to the principles of common law and equity, as distinguished and defined in that country from which we derive our knowledge of these principles.
Page 250 - ... every husband, wife, child, parent, guardian, employer, or other person, who shall be injured in person or property, or means of support, by any intoxicated person, or in consequence of the intoxication, habitual or otherwise, of any person, shall have a right of action in his or her own name, severally or jointly, against any person or persons, who shall, by selling or giving intoxicating liquors, have caused the intoxication, in whole or in part, of such person...
Page 20 - Is that a person guilty of negligence should be held responsible for all the consequences which a prudent and experienced man, fully acquainted with all the circumstances which In fact existed, whether they could have been ascertained by reasonable diligence or not, would, at the time of the negligent act, have thought reasonably possible to follow, If they had occurred to his mind.
Page 278 - No representation shall be admitted among collaterals, after brothers' and sisters
Page 284 - The court may determine the controversy, as between the parties before it, where it can do so without prejudice to the rights of others, or by saving their rights ; but where a complete determination of the controversy cannot be had without the presence of other parties, the court must direct them to be brought in.
Page 289 - ... dollars, and be imprisoned in the State prison not more than fourteen years nor less than three years.
Page 188 - The granting of a new trial places the parties in the same position as if no trial had been had. All the testimony must be produced anew, and the former verdict cannot be used or referred to, either in evidence or in argument, or be pleaded in bar of any conviction which might have been had under the indictment.
Page 322 - Every person, whether contractor or sub-contractor, who wishes to avail himself of the provisions of this statute, shall file with the clerk of the district court of the county in which the building, erection or other improvement to be charged with the lien is situated, a just and true statement or account of the demand due him after allowing all credits, setting forth the time when such material was furnished or labor performed...