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absence accident action admissible agent agreement alleged Annotated ante APPEAL apply authority Bank burden of proof carrier cause charge claim common competent condition consideration contract corporation court damages death deed defendant deny effect equity ERROR establish estopped estoppel execution existence fact fraud give given grant ground injury intention interest Iowa judgment judicial notice jurisdiction jury knowledge land liability Mass matter ment Minn mortgage negligence officer opinion owner Parol evidence party passenger payment person plaintiff possession presumed presumption proceedings prove provision purchaser question railroad reasonable received record recover relation rule shown statement statute street Sufficiency suit testify testimony tion trial validity Wash wife witness writing written
Page 4244 - In prosecutions for conspiracies, it is an established rule, that where several persons are proved to have combined together for the same illegal purpose, any act done by one of the party in pursuance of...
Page 3995 - J., observed that in order for it to apply "there must be reasonable evidence of negligence, but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen, if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Page 3729 - that nothing was better established than this principle, that money directed to be employed in the purchase of land, and land directed to be sold and turned into money, are to be considered as that species of property into which they are directed to be converted...
Page 3845 - It does not interfere with the well-established principle, that where the true owner holds out another, or allows him to appear, as the owner of, or as having full power of disposition over the property, and innocent third parties are thus led into dealing with such apparent owner, they will be protected.
Page 4130 - When the terms of an agreement have been intended in a different sense by the different parties to it, that sense is to prevail against either party in which he supposed the other understood it...
Page 3838 - ... where one by his words or conduct wilfully causes another to* believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 4044 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.
Page 3991 - There must be reasonable evidence of negligence. But, where the thing is shown to be under the management of the defendant or his servants and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care
Page 3981 - When, therefore, the existence of a person, a personal relation, or a state of things is once established by proof, the law presumes that the person, relation, or state of things continues to exist as before, until the contrary is shown or until a different presumption is raised, from the nature of the subject in question.
Page 4029 - If a decision has been made upon solemn argument and mature deliberation, the presumption is in favor of its correctness, and the community have a right to regard it as a just declaration or exposition of the law, and to regulate their actions and contracts by it.