The Northwestern Reporter, Volume 129West Publishing Company, 1911 |
From inside the book
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Page 12
... parties . From this decree both parties appeal . The reasons of the court for granting an absolute divorce instead of separate support and maintenance against defendant's protest were that it is the settled policy of this state , as ...
... parties . From this decree both parties appeal . The reasons of the court for granting an absolute divorce instead of separate support and maintenance against defendant's protest were that it is the settled policy of this state , as ...
Page 20
... parties does not , because of a mistake of law , express the agreement which the parties actually entered into , equity will cancel the instrument as if the failure of the writing to express the real contract was caused by mistake of ...
... parties does not , because of a mistake of law , express the agreement which the parties actually entered into , equity will cancel the instrument as if the failure of the writing to express the real contract was caused by mistake of ...
Page 48
... parties thereto , something remains the purpose of determining the validity of to be done to establish contract relations . The law does not make a contract when the parties intend none , nor does it regard an arrangement as completed ...
... parties thereto , something remains the purpose of determining the validity of to be done to establish contract relations . The law does not make a contract when the parties intend none , nor does it regard an arrangement as completed ...
Page 58
... parties , is not before us for consideration ; plaintiff not having appealed . But two other points are raised : ( 1 ) Whether the judgment for costs is appealable ; and ( 2 ) whether the court erred in including other than taxable ...
... parties , is not before us for consideration ; plaintiff not having appealed . But two other points are raised : ( 1 ) Whether the judgment for costs is appealable ; and ( 2 ) whether the court erred in including other than taxable ...
Page 63
... parties , we may add that we have gone over the record and find noth- ing which would justify us in interfering with the decree of the trial court . There was no such account stated as would bind the plaintiff . The parties were ...
... parties , we may add that we have gone over the record and find noth- ing which would justify us in interfering with the decree of the trial court . There was no such account stated as would bind the plaintiff . The parties were ...
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Common terms and phrases
action Affirmed agreement alleged amount answer Appeal and Error Appeal from District appellee assessment attorney authority bank Bottineau county cause Cent charge claim complainant construction contract contributory negligence corporation Coun counsel CRIMINAL LAW damages David Shepard deceased decree deed defendant defendant's dence denying district court drain duty employés engine entitled evidence fact fendant filed held injury instruction Iowa issue Judge judgment jury Kanabec county Keya Paha county land liable liquors Lyon county ment Minn motion MUNICIPAL CORPORATIONS municipality Nebraska negligence Note Note.-For opinion parties person petition plain plaintiff Polk county proceedings purchase purpose Q. R. Co question railroad railway reason record recover respondent reversed rule statute street sufficient Supreme Court sustained Syllabus taxes testified testimony thereof tiff tion track trial court verdict village witness
Popular passages
Page 200 - By the law of the land, is most clearly intended, the general law; a law, which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial. The meaning is, that every citizen shall hold his life, liberty, property, and immunities under the protection of the general rules which govern society. Everything which may pass under the form of an enactment, is not therefore to be considered the law of the land.
Page 280 - Must be payable to order or to bearer; and, 5. Where the instrument is addressed to a drawee, he must be named or otherwise indicated therein with reasonable certainty.
Page 278 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to, whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.
Page 213 - The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the said territory, as to the citizens of the United States, and those of any other states that may be admitted into the confederacy, without any tax, impost, or duty therefor.
Page 426 - Know all men by these presents, that I, John McLoughlin, of Fort Vancouver, in the Territory of Oregon, for and in consideration of the sum of one dollar, to me in hand paid by...
Page 200 - Webster, in his familiar definition, "the general law, a law which hears before it condemns, which proceeds upon inquiry, and renders judgment only after trial," so "that every citizen shall hold his life, liberty, property, and immunities under the protection of the general rules which govern society;" and" thus excluding, as not due process of law...
Page 318 - We see no reason why the same rule should not apply to a state hospital for the insane, which does and furnishes for the insane person only those things required by the law of the state.
Page 442 - It is also urged that it was error to Instruct the jury that the burden of proof was upon the defendant to show the fact of contributory negligence on the part of plaintiff.
Page 50 - Meaning of heirs and issue in certain remainders. Where a remainder shall be limited to take effect on the death of any person without heirs, or heirs of his body, or without issue, the words "heirs" or "issue," shall be construed to mean heirs or issue, living at the death of the person named as ancestor.
Page 228 - Both parties being negligent, the true rule is held to be that "the party who last has a clear opportunity of avoiding the accident, notwithstanding the negligence of his opponent, is considered solely responsible for it.