Reports of Cases Determined in the Appellate Courts of Illinois, Volume 165 |
From inside the book
Results 1-5 of 93
Page 8
... says that only such per- sons as are entitled to administer shall have the right to nominate , it does not say that every person en- titled to administer shall have the right to nominate , Savage v . Luther , 165 Ill . App . 8 APPELLATE ...
... says that only such per- sons as are entitled to administer shall have the right to nominate , it does not say that every person en- titled to administer shall have the right to nominate , Savage v . Luther , 165 Ill . App . 8 APPELLATE ...
Page 35
... say , if the amount agreed to be paid is out of proportion to the probable damage sustained , the court will be disposed to treat the stipulated sum as a penalty and not as liquidated damages . 2. DAMAGES - when liquidated , treated as ...
... say , if the amount agreed to be paid is out of proportion to the probable damage sustained , the court will be disposed to treat the stipulated sum as a penalty and not as liquidated damages . 2. DAMAGES - when liquidated , treated as ...
Page 39
... say , if the amount agreed to be paid is out of proportion to the probable damage sustained , the court will be dis- posed to treat the stipulated sum as a penalty and not liquidated damages . The fact that parties fix a sum to be paid ...
... say , if the amount agreed to be paid is out of proportion to the probable damage sustained , the court will be dis- posed to treat the stipulated sum as a penalty and not liquidated damages . The fact that parties fix a sum to be paid ...
Page 43
... says : " While the power of a court of equity to enter a personal decree for a deficiency after there has been a sale has been recognized , we are not aware of any case which holds that the court may enter a personal decree where there ...
... says : " While the power of a court of equity to enter a personal decree for a deficiency after there has been a sale has been recognized , we are not aware of any case which holds that the court may enter a personal decree where there ...
Page 49
... say that the jury was not authorized and fully justified in finding that the telephone company was liable for the negligence of the construction company . It is contended that defendant in error contributed to his injury by his failure ...
... say that the jury was not authorized and fully justified in finding that the telephone company was liable for the negligence of the construction company . It is contended that defendant in error contributed to his injury by his failure ...
Other editions - View all
Common terms and phrases
action Affirmed alleged Alton amount appellant's Appellate Court appellee appellee's Assumpsit averred bill Bobbett by-laws cause charged Chicago City Chicago City Railway Circuit Court claim Clarke coal complainant condition contract counsel court erred court of equity damages death deceased declaration decree defective defendant in error delivered the opinion demurrer dence duty employed evidence fact filed November 11 Heard horses Illinois Central Railroad injury instruction Judge judgment jury land lease liability lien Louis March term Marion county master ment motion negligence October 20 October term operation Opinion filed November paid parties payment pellant pellee person plaintiff in error plea premises Probate Court proof Pruett question Railway Company reason recover refused replevin res ipsa loquitur Reversed and remanded reversible error rule Saathoff Schimberg servant statute street suit sustained testified testimony thereof tion track trial verdict witness
Popular passages
Page 430 - That the question does not depend upon whether the covenant runs with the land, is evident from this, that if there was a mere agreement and no covenant, this court would enforce it against a party purchasing with notice of it; for if an equity is attached to the property by the owner, no one purchasing with notice of that equity can stand in a different situation from the party from whom he purchased.
Page 559 - Claims for loss, damage, or delay must be made in writing to the carrier at the point of delivery or at the point of origin within four months after delivery of the property, or, in case of failure to make delivery, then within four months after a reasonable time for delivery has elapsed. Unless claims are so made the carrier shall not be liable.
Page 385 - The true distinction is this: A mere passive acquiescence by an owner or occupier in a certain use of his land by others involves no liability; but, if he directly or by implication induces persons to enter on and pass over his premises, he thereby assumes an obligation that they are in a safe condition, suitable for such use, and for a breach of this obligation he is liable in damages to a person injured thereby.
Page 558 - ... to its usual place of delivery at said destination, if on its road, otherwise to deliver to another carrier, on the route to said destination. "It is mutually agreed as to each carrier of all or any of said property over all or any portion of said route to destination, and as to each party at any time interested in all or any...
Page 558 - It is mutually agreed, as to each carrier of all or any of said property over all or any portion of said route to destination, and as to each party at any time interested in all or any of said property, that every service to be performed hereunder shall be subject to all the conditions, whether printed or written, herein contained (including conditions on back hereof) and which are agreed to by the shipper and accepted for himself and his assigns.
Page 366 - Legislature shall provide by law that in all elections for directors or managers of incorporated companies, every stockholder shall have the right to vote, in person or by proxy, for the number of shares of stock owned by him, for as many persons as there are directors or managers to be elected...
Page 489 - When a thing which causes injury is shown to be under the management of the defendant, 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 defendant, that the accident arose from a want of care.
Page 82 - No person under the age of sixteen years shall be employed or suffered or permitted...
Page 558 - Received, subject to the classifications and tariffs in effect on the date of issue of this original bill of lading. At Ithaca, Mich., 18-1, 1911, from owner* the property described below, in apparent good order, except as noted (contents and condition of contents of packages unknown...
Page 464 - The proximate cause is the efficient cause, the one that necessarily sets the other causes in operation. The causes that are merely incidental or instruments of a superior or controlling agency are not the proximate causes and the responsible ones, though they may be nearer in time to the result. It is only when the causes are independent of each other that the nearest is, of course, to be charged with the disaster.