The Northeastern Reporter, Volume 22West Publishing Company, 1890 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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affirmed agreed agreement alleged amount answer Appeal from circuit appellant appellee assessed assigned averred bond cause of action charge circuit court claim complaint contract conveyed corporation court erred court of equity Court of Indiana creditors damages debts deed defect defendant defendant's demurrer duty Ellis Burk entitled equity error evidence executed executors facts fendant filed fraud grant held indorsed injury Insurance issue judge judgment jury land lease liable Mass ment Monte Alta mortgage motion N. E. Rep negligence notice nuisance overruling owner paid paragraph parties payment person plaintiff plaintiff in error possession premises purchase question quiet title Rachel Johnson Railroad Railroad Co real estate reason received recover referred rule sold statute street supra supreme court sustained term testator thereof tiff tion town trial trustee vendee verdict
Popular passages
Page 236 - ... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a court of law or Of which he might have availed himself at law but was prevented by fraud or accident, unmixed with any fault or See 17 OTTO. i negligence in himself or his agents, will justify ; an application to a court of chancery.
Page 385 - MY EXECUTOR HEREINAFTER NAMED, PAY ALL MY JUST DEBTS AND FUNERAL EXPENSES AS SOON AFTER MY DECEASE AS CONVENIENTLY MAY BE.
Page 176 - He immediately proceeds to give them a definition of murder in the first degree, and of murder in the second degree as follows, to-wit: "All murder which shall be perpetrated by means of poison, or lying in wait, or by any other kind of willful, deliberate, and premeditated killing, or which shall be committed in the perpetration or attempt to perpetrate any arson, rape, robbery, or burglary, shall be deemed murder of the first degree, and all other kinds of murder shall be deemed murder of the second...
Page 187 - The appellants' argument for a reversal of the judgment, which dismissed their complaint, is that the respondent unlawfully prevented a revocation of the existing will, or a new will from being made by his crime; and that he terminated the enjoyment by the testator of his property and effected his own succession to it by the same crime. They say that to permit the respondent to take the property willed to him would be to permit him to take advantage of his own wrong. To sustain their position, the...
Page 226 - ... the use of general terms, or anything less than a distinct specific agreement, clearly expressed and indorsed on this policy, shall not be construed as a waiver of any printed or written condition, or restriction herein.
Page 330 - Where a court has jurisdiction, it has a right to decide every question which occurs in the cause; and, whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other court : but, if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void.
Page 185 - It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers.
Page 186 - No one shall be permitted to profit by his own fraud, or to take advantage of his own wrong, or to found any claim upon his own iniquity, or to acquire property by his own crime.
Page 47 - The rights of the parties are to be determined by the law of Illinois, but there is no evidence that the common law of Illinois differs from that of Massachusetts. We cannot take notice of the statutes of Illinois, except so far as they are set out in the auditor's report ; and the auditor has set out but one statutory provision of that State, and has found that the parties have not acted in violation of that We are therefore to determine whether the contract between the parties, as the auditor has...
Page 267 - Five members of the court shall form a quorum, and the concurrence of four shall be necessary to a decision. The court shall have power to appoint and to remove its reporter, clerk and attendants.