The Northwestern Reporter, Volume 45West Publishing Company, 1890 |
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Página 17
... facts which he expected to prove . then called the plaintiff as a witness in his own behalf , who was sworn , and a ques- tion propounded to him . Thereupon coun- sel for the defendant objected to the intro- duction of any evidence ...
... facts which he expected to prove . then called the plaintiff as a witness in his own behalf , who was sworn , and a ques- tion propounded to him . Thereupon coun- sel for the defendant objected to the intro- duction of any evidence ...
Página 23
... fact or conclusions of law were filed , and the order contains no other recital than that the disputed facts stated in the petition were proved or disproved . Sub- sequently a motion was made on behalf of the railroad company that ...
... fact or conclusions of law were filed , and the order contains no other recital than that the disputed facts stated in the petition were proved or disproved . Sub- sequently a motion was made on behalf of the railroad company that ...
Página 28
... facts proved they must find for the defend- ant , while the facts thus hypothetically stated were established by the uncontra- dicted evidence . If the instructions were proper , the plaintiff should have been non- suited , or a verdict ...
... facts proved they must find for the defend- ant , while the facts thus hypothetically stated were established by the uncontra- dicted evidence . If the instructions were proper , the plaintiff should have been non- suited , or a verdict ...
Página 39
... facts . The order es- tablishing the well was , however , made March 30 , 1888. Upon these facts we should have little trouble or hesitation in dispos- ing of the order establishing this well , ex- cept for section 2116. That section ...
... facts . The order es- tablishing the well was , however , made March 30 , 1888. Upon these facts we should have little trouble or hesitation in dispos- ing of the order establishing this well , ex- cept for section 2116. That section ...
Página 40
... facts as they existed at the time ; and the conclu- sions stated in this opinion must be under- stood to be based upon the recital of facts in such affidavit . The facts , then , in re- spect to the composition of the board of ...
... facts as they existed at the time ; and the conclu- sions stated in this opinion must be under- stood to be based upon the recital of facts in such affidavit . The facts , then , in re- spect to the composition of the board of ...
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Termos e frases comuns
affidavit agent alleged amended amount answer appeal appellee April assessment assigned attorney authority bank bill bond Boone county cattle cause of action cent certificate charge circuit court claim clerk commenced commissioner complaint contract coun counsel court of equity creditors damages deed defendant defendant's district court drain commissioner entitled evidence executed facts fendant filed Hamlin county held Holt county indorsed interest Iowa issue Judge judgment jury justice land Lavello levied liable lien lumber ment Minn mortgage motion N. W. Rep Nebraska notice Nuckolls county owner paid parties payment person petition plain plaintiff in error premises proceedings purchase question quitclaim deed railroad reason record recover refused replevin respondent Smith statute Supreme Court testified testimony therein thereof tiff tion trial verdict void witness writ
Passagens mais conhecidas
Página 204 - The court may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party or a mistake in any other respect, or by inserting other allegations material to the case, when the amendment does not change substantially the claim or defence by conforming the pleading or proceeding to the facts proved.
Página 312 - No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.
Página 286 - No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements, nor unless commenced within twelve months next after the fire.
Página 367 - The first day of January, commonly called New Year's Day, the fourth day of July, the twenty-fifth day of December, commonly called Christmas Day, and any day appointed or recommended by the governor of this State or the president of the United States as a day of fasting and prayer or thanksgiving...
Página 1 - If a tradesman has had dealings with the wife upon the credit of the husband, and the husband has paid him without demur in respect of such dealings, the tradesman has a right to assume, in the absence of notice to the contrary, that the authority of the wife which the husband has recognized continues. The husband's quiescence is in such cases tantamount to acquiescence, and forbids his denying an authority which his own conduct has invited the tradesman to assume...
Página 172 - Or the risk be increased by the erection or occupation of neighboring buildings, or by any means whatever...
Página 175 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Página 132 - On the other hand, when he expressly or by implication invites others to come upon his premises, whether for business or for any other purpose, it is his duty to be reasonably sure that he is not inviting them into danger, and to that end he must exercise ordinary care and prudence to render the premises reasonably safe for the visit.
Página 410 - ... of it, the wrong or evil which it seeks to remedy or prevent, and the purpose sought to be accomplished in its enactment; and if, from all these, it is manifest that it was not intended to imply a prohibition, or to render the prohibited act void, the courts will so hold, and construe the statute accordingly.
Página 320 - ... was a question of fact for the jury, and not one of law for the court.