The Northwestern Reporter, Volume 19West Publishing Company, 1884 |
From inside the book
Results 1-5 of 76
Page 25
... ground that defendant was a purchaser with knowledge of the misapplication of the funds , it could only be done to the extent of the lien upon his own land , which he was required to pay . It would be a perversion of justice to divest ...
... ground that defendant was a purchaser with knowledge of the misapplication of the funds , it could only be done to the extent of the lien upon his own land , which he was required to pay . It would be a perversion of justice to divest ...
Page 44
... ground that he had sold the property to the defendant . A party will not be permitted to oc- cupy an inconsistent position for the purpose of maintaining two different sales , and recovering a double consideration for the same property ...
... ground that he had sold the property to the defendant . A party will not be permitted to oc- cupy an inconsistent position for the purpose of maintaining two different sales , and recovering a double consideration for the same property ...
Page 63
... ground that the verbal contract was void by the statute of frauds , and could not , therefore , be proved as the groundwork of this action . This action is sanc- tioned , so far as the pleadings , the proofs , and the demand are ...
... ground that the verbal contract was void by the statute of frauds , and could not , therefore , be proved as the groundwork of this action . This action is sanc- tioned , so far as the pleadings , the proofs , and the demand are ...
Page 80
... ground of prejudice . " After presenting the affidavits of prejudice and tendering the legal fees the defend- ants ... grounds of reversal , but adjudges that " the judgment of the justice is manifestly erroneous and void . " The counsel ...
... ground of prejudice . " After presenting the affidavits of prejudice and tendering the legal fees the defend- ants ... grounds of reversal , but adjudges that " the judgment of the justice is manifestly erroneous and void . " The counsel ...
Page 83
... ground of necessity , in view of the fact that , owing to the number and frequency of transactions of which entries are daily required to be made , the difficulty and inconvenience of making formal common - law proof of each item would ...
... ground of necessity , in view of the fact that , owing to the number and frequency of transactions of which entries are daily required to be made , the difficulty and inconvenience of making formal common - law proof of each item would ...
Other editions - View all
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.