The Northwestern Reporter, Volume 108West Publishing Company, 1906 |
From inside the book
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Page vi
... appeal , with the shall print a brief , giving references to the Rule 11. The brief of the respondent or Rule 4. The appellant or plaintiff in er - defendant in error may also state the lead- ror shall cause the proper return to be made ...
... appeal , with the shall print a brief , giving references to the Rule 11. The brief of the respondent or Rule 4. The appellant or plaintiff in er - defendant in error may also state the lead- ror shall cause the proper return to be made ...
Page xix
... APPEALS AND CERTIORARI . Section 1. In all actions or special proceed- ings pending on appeal , the date of filing the return shall be deemed the date of the issue , whether of law or of fact . Special [ roceedings pending on appeal ...
... APPEALS AND CERTIORARI . Section 1. In all actions or special proceed- ings pending on appeal , the date of filing the return shall be deemed the date of the issue , whether of law or of fact . Special [ roceedings pending on appeal ...
Page 7
... APPEAL - DISCRETION IN GRANTING NEW TRIAL - MEMORANDUM OF GROUNDS . A memorandum of the trial court held suf- ficiently to state that the order granting a new trial was based upon the ground that the verdict was not sustained by the ...
... APPEAL - DISCRETION IN GRANTING NEW TRIAL - MEMORANDUM OF GROUNDS . A memorandum of the trial court held suf- ficiently to state that the order granting a new trial was based upon the ground that the verdict was not sustained by the ...
Page 13
... appeal . [ Ed . Note .-- For cases in point , see vol . 2 , Cent . Dig . Appeal and Error , §§ 1611 , 1612. ] 2. SAME - REVIEW - HARMLESS ERROR - STRIK- ING OUT EVIDENCE . Any error in striking out the testimony of a witness in an ...
... appeal . [ Ed . Note .-- For cases in point , see vol . 2 , Cent . Dig . Appeal and Error , §§ 1611 , 1612. ] 2. SAME - REVIEW - HARMLESS ERROR - STRIK- ING OUT EVIDENCE . Any error in striking out the testimony of a witness in an ...
Page 15
... Appeal and Error , § 3104. ] Appeal from Circuit Court , Lawrence County . Action by Patrick Murphy against the Reliance Gold Mining Company and others . From an order overruling a demurrer to the complaint , the defendant named appeals ...
... Appeal and Error , § 3104. ] Appeal from Circuit Court , Lawrence County . Action by Patrick Murphy against the Reliance Gold Mining Company and others . From an order overruling a demurrer to the complaint , the defendant named appeals ...
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Common terms and phrases
action adverse possession affidavit affirmed agreement alleged amount Annie Ross Appeal from District appellee assessment attorney Bank bill cause Cent certiorari charge Circuit Court city of Washburn claim complainant contract corporation counsel damages decree deed defendant defendant's dence district court entitled error evidence executed fact fendant filed granted held injury instructions interest Iowa issue James Gibb Ross Judge judgment June 20 jury Klabunde land liability lien lumber ment Minn mortgage motion negligence Note.-For notice opinion owner paid party payment person petition plaintiff plaintiff in error possession premises proceedings purchase question railroad company Railway reason record recover Reed Company respondent reversed rule statute street Supreme Court testator testified testimony thereof tiff tion town of Washburn trial court verdict witness writ
Popular passages
Page 72 - In the construction of a pleading for the purpose of determining its effect, its allegations shall be liberally construed, with a view to substantial justice between the parties.
Page 35 - That must always rest upon some difference which bears a reasonable and just relation to the act in respect to which the classification is proposed, and can never be made arbitrarily and without any such basis.
Page 263 - Rights of property, like all other social and conventional rights, are subject to such reasonable limitations in their enjoyment as shall prevent them from being injurious, and to such reasonable restraints and regulations established by law as the legislature, under the governing and controlling power vested in them by the constitution may think necessary and expedient.
Page 68 - When, therefore, one devotes his property to a use in which the public has an interest, lie in effect grants to the public an interest in that use, and must submit to be controlled by the public, for the common good, to the extent of the interest he has thus created.
Page 249 - No indictment is insufficient, nor can the trial, judgment, or other proceedings thereon be affected, by reason of a defect or imperfection in matter of form, which does not tend to the prejudice of the substantial rights of the defendant, upon the merits.
Page 184 - A fraternal beneficiary association is hereby declared to be a corporation, society or voluntary association, formed or organized and carried on for the sole benefit of its members and their beneficiaries, and not for profit. Each association shall have a lodge system, with ritualistic form of work and representative form of government...
Page 247 - The case was tried upon an agreed statement of facts, from which it appears that on March 18, 1893, one Overton S.
Page 126 - The inhabitants of the said territory shall always be enti-tled to the benefit of the writ of habeas corpus, and of the trial by jury; of a proportionate representation of the people in the legislature, and of judicial proceedings according to the course of the common law...
Page 343 - ... 1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true; 2. The positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true; 3.
Page 22 - If the payment be less than the interest, the surplus of interest must not be taken to augment the principal; but interest continues on the former principal until the period when the payments, taken together, exceed the interest due, and then the surplus is to be applied towards discharging the principal; and interest is to be Computed on the balance, as aforesaid.