The Northwestern Reporter, Volume 150West Publishing Company, 1915 |
From inside the book
Results 1-5 of 100
Page 13
... trial court " plainly erred . Notwithstanding an express warranty embodied in an order for furnishing machinery that it shall be of good material and efficient as a piece of ma- chinery , there may be an implied warranty that it will ...
... trial court " plainly erred . Notwithstanding an express warranty embodied in an order for furnishing machinery that it shall be of good material and efficient as a piece of ma- chinery , there may be an implied warranty that it will ...
Page 30
... trial and the in- structions of the court are sufficient to sus- tain a recovery on the basis of a correct measure . We discover nothing , however , in the petition herein inconsistent with the rule given by the court . [ 7 ] Counsel ...
... trial and the in- structions of the court are sufficient to sus- tain a recovery on the basis of a correct measure . We discover nothing , however , in the petition herein inconsistent with the rule given by the court . [ 7 ] Counsel ...
Page 55
... trial court erred in submitting the included offense , be- cause the defendants could not have been guilty of any included offenses unless they were guilty of the higher offense of rape accomplished . Many of our previous cases are ...
... trial court erred in submitting the included offense , be- cause the defendants could not have been guilty of any included offenses unless they were guilty of the higher offense of rape accomplished . Many of our previous cases are ...
Page 56
... trial . But such ground of new trial was ability of the guilt of the defendants , and based exclusively upon defendants ' conten- not the probability or the improbability of tion of what the county attorney had said . " her story . " We ...
... trial . But such ground of new trial was ability of the guilt of the defendants , and based exclusively upon defendants ' conten- not the probability or the improbability of tion of what the county attorney had said . " her story . " We ...
Page 71
... TRIAL ( § 96 * ) - RECEPTION OF EVIDENCE- MOTION TO STRIKE . Where a motion to strike included both competent and incompetent evidence it was properly denied . [ Ed . Note . For other cases , see Trial , Cent . Dig . 248 ; Dec. Dig ...
... TRIAL ( § 96 * ) - RECEPTION OF EVIDENCE- MOTION TO STRIKE . Where a motion to strike included both competent and incompetent evidence it was properly denied . [ Ed . Note . For other cases , see Trial , Cent . Dig . 248 ; Dec. Dig ...
Other editions - View all
Common terms and phrases
action adverse possession affirmed alleged amount APPEAL AND ERROR Appeal from District appellee attorney authority bill cause cause of action Cent charge circuit court claim complainant Constitution contract contributory negligence corporation Council Bluffs counsel CRIMINAL LAW damages deceased deed defendant defendant's dence directed verdict district court duty evidence fact fendant filed held Houran injury instruction insured Iowa Judge judgment jury Key-No land lease liability lien mandamus ment Minn Minneapolis mortgage motion Municipal Corporations negligence Note.-For NUMBER in Dec opinion paid parties payment person petition plaintiff pleaded probate court proceedings question railroad company reason record Rep'r Indexes reversible error rule section NUMBER Series & Rep'r statement statute street sufficient Supreme Court sustained testified testimony thereof tiff tion topic and section track train trial court verdict wife witness
Popular passages
Page 42 - All laws should receive a sensible construction. General terms should be so limited in their application as not to lead to injustice, oppression, or an absurd consequence. It will always, therefore, be presumed that the legislature intended exceptions to its language, which would avoid results of this character. The reason of the law in such cases should prevail over its letter.
Page 140 - This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void * * * if the interest of the insured be other than unconditional and sole ownership...
Page 149 - This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material fact or circumstance concerning this insurance or the subject thereof; or if the interest of the insured in the property be not truly stated herein; or in case of any fraud or false swearing by the insured touching any matter relating to this insurance or the subject thereof, whether before or after a loss.
Page 191 - Every subject of the Commonwealth ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which he may receive in his person, property or character. He ought to obtain right and justice freely, and without being obliged to purchase it; completely, and without any denial; promptly, and without delay ; conformably to the laws.
Page 187 - Good name in man and woman, dear my lord, Is the immediate jewel of their souls : Who steals my purse steals trash ; 'tis something, nothing ; 'Twas mine, 'tis his, and has been slave to thousands ; But he that filches from me my good name Robs me of that which not enriches him, And makes me poor indeed.
Page 42 - It is a familiar rule, that a thing may be within the letter of the statute and yet not within the statute, because not within its spirit, nor within the intention of its makers.
Page 97 - ... in the legal custody and under the control of the board...
Page 408 - Whenever it shall appear that the occupant, or those under whom he claims, entered into the possession of premises under claim of title, exclusive of any other right, founding such claim upon a written instrument, as being a conveyance of the premises in question...
Page 371 - No gift, grant, or devise to religious, educational, charitable or benevolent uses, which shall in other respects be valid under the Laws of this state, shall be deemed invalid by reason of the indefiniteness or uncertainty of the persons designated as the beneficiaries thereunder in the instrument creating the same.
Page 132 - It is mutually agreed, as to each carrier of all or any of said property over ail 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...