The Northwestern Reporter, Volume 19West Publishing Company, 1884 |
From inside the book
Results 1-5 of 71
Page 46
... alleged in the complaint , is an action ex delicto , and the defendant can be imprisoned on the execution . Upon such a complaint , therefore , it is substantial error to direct a verdict for the plaintiff in case the jury shall find a ...
... alleged in the complaint , is an action ex delicto , and the defendant can be imprisoned on the execution . Upon such a complaint , therefore , it is substantial error to direct a verdict for the plaintiff in case the jury shall find a ...
Page 52
... alleged to be due him for wages , and claimed $ 185.75 , and interest from March 1 , 1881. The answer of the com- pany admits the service , but denies the indebtedness . It also contains a counter - claim for damages suffered by the ...
... alleged to be due him for wages , and claimed $ 185.75 , and interest from March 1 , 1881. The answer of the com- pany admits the service , but denies the indebtedness . It also contains a counter - claim for damages suffered by the ...
Page 53
... alleged negligence of the plaintiff which caused the collision of the two trains . The question whether the failure of the plaintiff to discover that the new time - table put train No. 38 on the road on the night the collision happened ...
... alleged negligence of the plaintiff which caused the collision of the two trains . The question whether the failure of the plaintiff to discover that the new time - table put train No. 38 on the road on the night the collision happened ...
Page 57
... alleging substantially the same facts as in the bill of complaint ; and thereupon the time of the hearing was fixed ... alleged that it had not built or constructed any of its line of road upon any portion of the plaintiff's land , and ...
... alleging substantially the same facts as in the bill of complaint ; and thereupon the time of the hearing was fixed ... alleged that it had not built or constructed any of its line of road upon any portion of the plaintiff's land , and ...
Page 82
... alleged to have been made to Sherwood , for the firm of Canfield & Sherwood , and which passed to plaintiff under their general assignment . It is alleged to have been given on account of partnership goods sold to defendant . The answer ...
... alleged to have been made to Sherwood , for the firm of Canfield & Sherwood , and which passed to plaintiff under their general assignment . It is alleged to have been given on account of partnership goods sold to defendant . The answer ...
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Common terms and phrases
affidavit affirmed alleged amount answer appeal appellee April 23 assignment attorney bill cause of action certificate charge circuit court claim complainant contract conveyance counsel court of equity creditors damages debt decree deed defendant in error defendant's demurrer district court entitled equity evidence execution fact fendant Filed April fraud fraudulent garnishee Green Lake county held homestead instruction interest Iowa issue judge judgment jurisdiction jury land lease levy lien lumber ment Minn mortgage motion N. W. REP negligence notice Otoe county owner paid party payment person petition plaintiff in error pleaded possession premises proceedings promissory note proper purchase purpose question railroad reason record recover refused rendered respondent rule sold statute statute of frauds sufficient suit sustained testimony thereof tion trial verdict void wife witness writ
Popular passages
Page 314 - And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district.
Page 466 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally...
Page 469 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.
Page 444 - An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. § 3. Every other remedy is a special proceeding.
Page 74 - Such notice may be given either to the person in actual possession of the goods or to his principal. In the latter case the notice, to be effectual, must be given at such time and under such circumstances that the principal, by the exercise of reasonable diligence, may communicate it to his servant or agent in time to prevent a delivery to the buyer.
Page 123 - Public Instruction, or Members of the State Board of Education, or any other officer of the State, except legislative and judicial, elective or appointed, and to appoint a successor for the remainder of their respective unexpired term of office, and report the causes of such removal to the Legislature at its next session.
Page 431 - But if the Governor of Ohio refuses to discharge this duty, there is no power delegated to the general Government, either through the judicial department, or any other department, to use any coercive means to compel him.
Page 474 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action; 2.
Page 245 - Such judgment or adjudication is final and conclusive, not only as to the matter actually determined, but as to every other matter which the parties might have litigated and have...
Page 13 - ... unless by act or operation of law, or by a deed or conveyance in writing, subscribed by the person creating, granting, assigning, surrendering or declaring the same, or by his lawful agent, thereunto authorized by writing.