The Ohio Law Journal, Volume 6Capital Printing and Publishing Company, 1884 |
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Page 28
... recover money paid to the city under protest it must be shown that it was involuntarily paid under protest as an unauthorized exaction , and without any understanding that the city should under any circumstances retain the money . Bos ...
... recover money paid to the city under protest it must be shown that it was involuntarily paid under protest as an unauthorized exaction , and without any understanding that the city should under any circumstances retain the money . Bos ...
Page 41
... recovered over sixteen hundred dollars . The case , Merri- man v . Mitchell , is reported in Shepley's Maine Reports , about the year 1836. 13 Maine Rep . 439 . Such was this remarkable case , as described by the OHIO LAW JOURNAL . 41.
... recovered over sixteen hundred dollars . The case , Merri- man v . Mitchell , is reported in Shepley's Maine Reports , about the year 1836. 13 Maine Rep . 439 . Such was this remarkable case , as described by the OHIO LAW JOURNAL . 41.
Page 51
... recover , from a national bank , usur- ious interest actually paid , and also prescribes the remedy , such remedy is exclusive for the enforcement of that right . A surety has no more right than his principal to recover back such in ...
... recover , from a national bank , usur- ious interest actually paid , and also prescribes the remedy , such remedy is exclusive for the enforcement of that right . A surety has no more right than his principal to recover back such in ...
Page 61
... recover the land of which the defendant holds the legal title . PERSONAL LIABILITY OF JUDGE FOR JUDICIAL ACT . The Cent . Law Journal , Aug. 16 , 1884 , prints in full the de- cision of the Supreme Court of Vermont in Vaugh v . Congdon ...
... recover the land of which the defendant holds the legal title . PERSONAL LIABILITY OF JUDGE FOR JUDICIAL ACT . The Cent . Law Journal , Aug. 16 , 1884 , prints in full the de- cision of the Supreme Court of Vermont in Vaugh v . Congdon ...
Page 83
... recover damages . A statutory duty to erect proper guards about a railway track , in a town , and of such height as the local authorities may direct is absolute ; it is not requisite that the municipal authorities should first declare ...
... recover damages . A statutory duty to erect proper guards about a railway track , in a town , and of such height as the local authorities may direct is absolute ; it is not requisite that the municipal authorities should first declare ...
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Common terms and phrases
action adultery appear assignment attorney authority bank Bank of Bengal cause charge Circuit Court citizens claim Clarke County Columbus Common Pleas condonation Constitution contract Court of Hamilton creditors Cuyahoga County damages debt decision declarations defendant defendant's District Court Docket duty entitled evidence ex rel fact file a petition GEORGE W ground Hamilton County held husband indorse injury John Judge Judgment affirmed jurisdiction juror jury justice land leave to file liable marriage ment mortgage Motion for leave Motion granted Motion overruled negligence Ohio ex rel OHIO LAW JOURNAL opinion owner paid party payment person petition in error plaintiff plaintiff in error power of attorney promissory note purchase question railroad received recover res gestae reversed rule Scioto County servant sheriff statute suit Supreme Court tion trial void West Coast Rep wife writ
Popular passages
Page 306 - ... the practice, pleadings, and forms and modes of proceeding existing at the time in like causes in the courts of record of the state within which such circuit or district courts are held, any rule of court to the contrary notwithstanding,
Page 371 - A person duly authorized to practice physic or surgery, or a professional or registered nurse, shall not be allowed to disclose any information which he acquired in attending a patient in a professional capacity, and which was necessary to enable him to act in that capacity...
Page 285 - And, with respect to such a visitor at least, we consider it settled law, that he, using reasonable care on his part for his own safety, is entitled to expect that the occupier shall on his part use reasonable care to prevent damage from unusual danger, which he knows or ought to know...
Page 164 - Every law that alters the legal rules of evidence and receives less or different testimony than the law required at the time of the commission of the offense, in order to convict the offender.
Page 32 - ... show that they are of good moral character and in good repute, possessed of the necessary qualifications to enable them to render such...
Page 329 - That the Supreme Court shall have exclusive jurisdiction of all controversies of a civil nature, where a state is a party, except between a state and its citizens; and except also between a state and citizens of other states, or aliens, in which latter case it shall have original but not exclusive jurisdiction.
Page 236 - A against the railroad company for damages it was held that the relation of master and servant did not exist between the plaintiff and...
Page 164 - I will state what laws I consider ex post facto laws, within the words and the intent of the prohibition. 1st. Every law that makes an action done before the passing of the law, and which was innocent when done, criminal; and punishes such action. 2d. Every law that aggravates a crime, or makes it greater than it was, when committed. 3d. Every law that changes the punishment...
Page 153 - We cannot say," said the court, "that the declaration of the engineer was no part of the res gestee. It was made at the time, in view of the goods strewn along the road by the breaking up of the boxes, and seems to have grown directly out of and immediately after the happening of the fact. The negligence complained of being that of the engineer himself, we cannot say that his declarations, made upon the spot, at the time, and in view of the effects of his conduct, are not evidence against the company...
Page 171 - If, under guise of such a contract, the real intent be merely to speculate in the rise or fall of prices, and the goods are not to be delivered, but one party is to pay to the other the difference between the contract price and the market price of the goods at the date fixed for executing the contract, then the whole transaction constitutes nothing more than a wager, and is null and void under the statute.