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action affirmed agreed agreement alleged allowed amended amount answer appellant appellee application asked authority bank brought cause charged claim condition consideration constitution contention contract corporation damages decision deed defendant determine district court duty effect engine error evidence ex rel execution fact filed findings further give given grain granted ground held hold injury inspection instructions interest issue judge judgment jury land legislature limited matter meaning ment motion necessary negligence notice officers operation opinion Opinion filed owner paid parties payment person petition plaintiff practice present proceedings question Railway reason received recover referred refused regarded relating rendered result reversed rule statement statute street sufficient sustained SYLLABUS taken testimony tion township tract trial valid witness
Page 263 - Where the language of a statute, in its ordinary meaning and grammatical construction, leads to a manifest contradiction of the apparent purpose of the enactment, or to some inconvenience or absurdity, hardship or injustice, presumably not intended, a construction may be put upon it, which modifies the meaning of the words, and even the structure of the sentence.
Page 395 - When the death of one is caused by the wrongful act or omission of another, the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained an action, had he lived, against the latter for an injury ior the same act or omission.
Page 357 - State having not less than one hundred thousand inhabitants, "in which grain is stored in bulk, and in which the grain of different owners is mixed together, or in which grain is stored in such a manner that the identity of different lots or parcels cannot be accurately preserved.
Page 165 - Whenever the death of a person shall be caused by a wrongful act, neglect or default of another, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action...
Page 499 - Constitutions do not usually undertake to prescribe mere rules of proceeding, except when such rules are looked upon as essential to the thing to be done, and they must then be regarded in the light of limitations upon the power to be exercised. It is the province of an instrument of this solemn and permanent character to establish those fundamental maxims, and fix those unvarying rules, by which all departments of the government must at all times shape their conduct; and, if it descends to prescribing...
Page 411 - A record of an act, condition or event, shall, in so far as relevant, be competent evidence if the custodian or other qualified witness testifies to its identity and the mode of its preparation, and if it was made in the regular course of business, at or near the time of the act, condition or event, and if. in the opinion of the court, the sources of information, method and time of preparation were such as to justify its admission.
Page 542 - Indians residing on such reservation, as the case may be, at a special election authorized and called by the Secretary of the Interior under such rules and regulations as he may prescribe.
Page 284 - State; and such a requirement if enforced will not amount to a taking of private property for public use within the meaning of the Constitution, nor to a denial of the equal protection of the laws.