The Northeastern Reporter, Volume 27West Publishing Company, 1891 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 12
... action of account , the same may be tried in said action on book - account . Held that , where the evidence in an action of assump- sit showed that the cause involved the casting of an account between the parties , the court might ...
... action of account , the same may be tried in said action on book - account . Held that , where the evidence in an action of assump- sit showed that the cause involved the casting of an account between the parties , the court might ...
Page 13
... actions of account have extended the right of action , enlarged the jurisdiction of the courts , and increased the powers of audi- tors . 1 Rev. St. 1874 , c . 2. Under the statute ( section 2 ) the action of account may be sustained on ...
... actions of account have extended the right of action , enlarged the jurisdiction of the courts , and increased the powers of audi- tors . 1 Rev. St. 1874 , c . 2. Under the statute ( section 2 ) the action of account may be sustained on ...
Page 100
... action accrues . 2. Where such reformation is sought by an- swer , filed in an action brought to enforce the instrument , the plaintiff may set up the statute in bar , when the cause of action for the reforma- tion accrued more than 10 ...
... action accrues . 2. Where such reformation is sought by an- swer , filed in an action brought to enforce the instrument , the plaintiff may set up the statute in bar , when the cause of action for the reforma- tion accrued more than 10 ...
Page 103
... action sought the relief he obtained upon his answer , that action would be subject to the provisions of the statute prescribing the time within which civil actions may be commenced . And the only question in this case is whether the ...
... action sought the relief he obtained upon his answer , that action would be subject to the provisions of the statute prescribing the time within which civil actions may be commenced . And the only question in this case is whether the ...
Page 104
... action itself . It is not simply new matter , operative only by way of defense . It must contain facts recog- nized by courts of law or equity as consti- tuting an existing cause of action , which would entitle the defendant to a ...
... action itself . It is not simply new matter , operative only by way of defense . It must contain facts recog- nized by courts of law or equity as consti- tuting an existing cause of action , which would entitle the defendant to a ...
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Common terms and phrases
action affirmed alleged amount answer Appeal from circuit appellant's appellate court appellee assessment assignment authority averred Bank benefit bill cause cause of action Chicago circuit court claim commissioners complaint constitution construction contract corporation counsel court of equity creditors debt decree deed defendant demurrer district election error evidence execution executors fact fendant filed Fountain county George W held Illinois rivers Indian issued Judge judgment jurisdiction jury land lease levy liability lien March 30 ment mortgage motion N. E. Rep Neeley notice objection overruled owner paid parties payment person plaintiff plaintiff in error possession proceedings purchase purpose question railroad real estate received record rent rule Seneca Nation statute street supreme court term testator thereof tion town township track trial trustees verdict W. R. Co witness Wright township
Popular passages
Page 279 - No Indian nation or tribe within the territory of the United States shall be acknowledged or recognized as an independent nation, tribe. or power, with whom the United States may contract by treaty...
Page 209 - For all other corporate purposes, all municipal corporations may be vested with authority to assess and collect taxes; but such taxes shall be uniform in respect to persons and property within the jurisdiction of the body imposing the same.
Page 236 - The General Assembly shall provide by law for a uniform and equal rate of assessment and taxation ; and shall prescribe such regulations as shall secure a just valuation for taxation of all property, both real and personal, excepting such only for municipal, educational, literary, scientific, religious or charitable purposes, as may be specially exempted by law.
Page 210 - ... last assessment for State and county taxes, previous to the incurring of such indebtedness.
Page 230 - Every act shall embrace but one subject, and matters properly connected therewith; which subject shall be expressed in the title. But if any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
Page 375 - Where the payee is a fictitious or non-existing person the bill may be treated as payable to bearer.
Page 230 - Every Act shall embrace but one subject, which subject shall be expressed in its title. But if any subject shall be embraced in an Act which shall not be expressed in its title, such Act shall be void only as to so much thereof as shall not be expressed in its title.
Page 226 - The powers of the government of this State are divided into three distinct departments — the legislative, executive and judicial ; and no person, or collection of persons, being one of these departments, shall exercise any power properly belonging to either of the others, except as hereinafter expressly directed or permitted.
Page 313 - The Company will not be liable for damages or statutory penalties in any case where the claim is not presented in writing within sixty days after the message is filed with the Company for transmission.
Page 336 - ... must be tried upon principles substantially equitable. Two circumstances always important in such cases are the length of the delay and the nature of the acts done during the interval, which might affect either party and cause a balance of justice or injustice in taking the one course or the other, so far as relates to the remedy.