The Northeastern Reporter, Volume 31West Publishing Company, 1892 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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Page 3
... alleged that he was incapa- ble of understanding or making such an instru- ment , and , so far as appeared from his testimony , it was uncontroverted that he had such capacity . 3. Objection that the court thereby assumed a fact was ...
... alleged that he was incapa- ble of understanding or making such an instru- ment , and , so far as appeared from his testimony , it was uncontroverted that he had such capacity . 3. Objection that the court thereby assumed a fact was ...
Page 8
... alleged defect , it is proper to admit evidence as to the popula- tion of the town , the valuation , rate of ... alleged defects in a public way in the de- fendant town . The defects alleged con- sisted of insufficient width of the way ...
... alleged defect , it is proper to admit evidence as to the popula- tion of the town , the valuation , rate of ... alleged defects in a public way in the de- fendant town . The defects alleged con- sisted of insufficient width of the way ...
Page 15
... alleged , and construe and interpret its meaning in the light of surrounding cir- cumstances at the time the will ... allegations therein contained ; and , on consideration of the pleadings and evidence , the court entered a decree ...
... alleged , and construe and interpret its meaning in the light of surrounding cir- cumstances at the time the will ... allegations therein contained ; and , on consideration of the pleadings and evidence , the court entered a decree ...
Page 22
... alleged in the com- plaint . He sought in his pleading to recover damages for the breach of an al- leged contract . He failed to establish that any valid contract was made , for the rea- son that the contract proved was void by the ...
... alleged in the com- plaint . He sought in his pleading to recover damages for the breach of an al- leged contract . He failed to establish that any valid contract was made , for the rea- son that the contract proved was void by the ...
Page 23
... alleged in the complaint . The answer denied the contract alleged , and interposed several defenses and counter- ciaims . On the trial the plaintiff , in sup- port of the second cause of action , gave evidence tending to show that in ...
... alleged in the complaint . The answer denied the contract alleged , and interposed several defenses and counter- ciaims . On the trial the plaintiff , in sup- port of the second cause of action , gave evidence tending to show that in ...
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Common terms and phrases
action affidavit affirmed agent agreement alleged amount answer Appeal from circuit appellate court appellee assessment authority avers bill bonds cause certificate charge circuit court claim commissioners complaint contract corporation counsel court of equity damages debt decree deed defendant defendant's demurrer dence duty easement entitled equity error evidence executed facts fee simple fendant filed granted held Hobart township injury issue James McClintock John Volz Judge judgment jury land liable lien Mass ment mortgage N. E. Rep N. Y. Supp negligence notice overruled owner paid parties payment person plaintiff plaintiff in error possession premises proceedings purchase purpose question Railroad Co real estate reason recover reversed rule sion statute street suit supreme court tained term testator thereof tiff tion tract trial trust verdict Voreis
Popular passages
Page 25 - By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband...
Page 32 - 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...
Page 340 - 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 318 - Before hearing any testimony, arbitrators selected either as prescribed in this article or otherwise must be sworn, by an officer authorized by law to administer an oath, faithfully and fairly to hear and examine the matters in controversy and to make a just award according to the best of their understanding, unless the oath is waived by the written consent of the parties to the submission or their attorneys.
Page 23 - Where, however, the allegation of the cause of action or defence to which the proof is directed is unproved, not in some particular or particulars only, but in its entire scope and meaning, it shall not be. deemed a case of variance. within the last two sections, but a failure of proof.
Page 317 - An action, not specified in the last two sections, must be tried in the county, in which one of the parties resided, at the commencement thereof. If neither of the parties then resided in the State, it may be tried in any county, which the plaintiff designates, for that purpose, in the title of the complaint.
Page 62 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Page 60 - ... that the person who owns the surface may dig therein, and apply all that is there found to his own purposes at his free will and pleasure...
Page 157 - ... the said party of the first part, the said party of the second part does hereby covenant and agree to and with the party of the first part...
Page 231 - If the INTEREST of the assured in the property be any other than the entire, unconditional and sole ownership of the property for the use and benefit of the assured...