The Northeastern Reporter, Volume 64West Publishing Company, 1902 - Law reports, digests, etc |
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Results 1-5 of 99
Page 13
... party would be denied , and , such successor not having appeared , the appeal would be dismissed for want of a nec- essary party . Appeal from circuit court , Hancock county ; Charles G. Offutt , Judge . Action by Emma Hays against ...
... party would be denied , and , such successor not having appeared , the appeal would be dismissed for want of a nec- essary party . Appeal from circuit court , Hancock county ; Charles G. Offutt , Judge . Action by Emma Hays against ...
Page 31
... party to the record will be denied the writ . But as said in the text of the Ency clopædia of Pleading and Practice ( volume 2 [ 2d Ed . ] p . 978 ) : " According to the weight of modern authority , it will be awarded in favor of the ...
... party to the record will be denied the writ . But as said in the text of the Ency clopædia of Pleading and Practice ( volume 2 [ 2d Ed . ] p . 978 ) : " According to the weight of modern authority , it will be awarded in favor of the ...
Page 32
... party wishes to be relieved from its force and effect , he must take some proper step to bring the question of his wrong before the court that imposed it . for correction . " A party against whom an unauthorized or inequitable judg ...
... party wishes to be relieved from its force and effect , he must take some proper step to bring the question of his wrong before the court that imposed it . for correction . " A party against whom an unauthorized or inequitable judg ...
Page 68
... party against whors it is offered was a party or privy in blood or estate to the former action , or assisted in the prosecution or defense thereof for some bene- tit of his own . 2. For a record of a previous action to which the state ...
... party against whors it is offered was a party or privy in blood or estate to the former action , or assisted in the prosecution or defense thereof for some bene- tit of his own . 2. For a record of a previous action to which the state ...
Page 69
... party or privy in blood or estate . Here the state was neither . For a record to con- stitute a bar or res adjudicata against one not a party or privy , but who assisted in the prosecution or defense of the action in aid of some ...
... party or privy in blood or estate . Here the state was neither . For a record to con- stitute a bar or res adjudicata against one not a party or privy , but who assisted in the prosecution or defense of the action in aid of some ...
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Common terms and phrases
action alleged amount answer appellate court appellee assessment attorney authority avers bank bill cause Chicago circuit court claim complaint contract Cook county corporation court of equity damages deceased decree deed defendant defendant's demurrer duty Eldred entitled evidence execution facts fendant filed granted heirs held injury interest issue John John Hart Judge June 19 jury land Lawrence township liable Lushey Marion county ment mortgage motion negligence Ohio Ohio St overruled owner paid party passenger payment pellant Peoria county person petition plaintiff in error possession premises purpose question railroad Railroad Co real estate reason record recover refused remonstrance rendered rule statute street suit supra Supreme Court sustained testator testified testimony thereof tiff tion township tract trial court trust verdict ward witness
Popular passages
Page 331 - ... 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 415 - The powers of the legislature are defined and limited; and that those limits may not be mistaken, or forgotten, the constitution is written. To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may, at any time, be passed by those intended to be restrained?
Page 331 - This policy is made and accepted subject to the foregoing stipulations and conditions, together with such other provisions, agreements, or conditions as may be indorsed 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 415 - If two laws conflict with each other, the courts must decide on the operation of each. So if a law be in opposition to the Constitution; if both the law and the Constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the Constitution, or conformably to the Constitution, disregarding the law, the court must determine which of these conflicting rules governs the case. This is the very essence of judicial duty.
Page 172 - Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press.
Page 415 - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each. So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution, or conformably...
Page 165 - Exemplary or punitive damages, being awarded, not by way of compensation to the sufferer, but by way of punishment of the offender, and as a warning to others, can only be awarded against one who has participated in the offense. A principal, therefore, though of course liable to make compensation for injuries done by his agent within the scope of his employment, cannot be held liable for exemplary or punitive damages, merely by reason of wanton, oppressive, or malicious intent on the part of the...
Page 95 - Admissions, whether of law or of fact, which have been acted upon by others, are conclusive against the party making them, in all cases between him and the person whose conduct he has thus influenced.
Page 117 - The verdict waff- for the sum of $1,625 in favor of the plaintiff. A motion for a new trial was overruled, and a bill of exceptions, containing all the evidence, duly made part of the record.
Page 75 - It shall not be lawful to take on board of any steamer a greater number of passengers than is stated in the certificate of inspection ; and for every violation of this provision the master or owner shall be liable, to any person suing for the same, to forfeit the amount of passage money and ten dollars for each passenger beyond the number allowed.