The Northwestern Reporter, Band 60West Publishing Company, 1895 |
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Seite 32
... writ of certiorari to review the action of A. W. Campbell , judge of the fifth judicial circuit of South Dakota , in confirming an execution sale to Lucetta R. Miller on foreclosure of a mortgage . Order of confirmation set aside and ...
... writ of certiorari to review the action of A. W. Campbell , judge of the fifth judicial circuit of South Dakota , in confirming an execution sale to Lucetta R. Miller on foreclosure of a mortgage . Order of confirmation set aside and ...
Seite 33
... writ of certiorari may be granted by the su- preme and district courts , when inferior courts , officers , boards or tribunals have exceeded their jurisdiction , and there is no writ of error or appeal , nor , in the judg ment of the ...
... writ of certiorari may be granted by the su- preme and district courts , when inferior courts , officers , boards or tribunals have exceeded their jurisdiction , and there is no writ of error or appeal , nor , in the judg ment of the ...
Seite 52
... writ shall issue against the property of such as are brought within the provisions of said section . " Held , that an attachment cannot issue against the sep- arate property of a partner to satisfy a debt , created without his knowledge ...
... writ shall issue against the property of such as are brought within the provisions of said section . " Held , that an attachment cannot issue against the sep- arate property of a partner to satisfy a debt , created without his knowledge ...
Seite 53
... writ should issue against all ; and it is as plain that in such case the writ could be issued against the separate or joint estates of the debtors . So far it lays down a plain , consistent , and just rule . Shall we go fur- ther , and ...
... writ should issue against all ; and it is as plain that in such case the writ could be issued against the separate or joint estates of the debtors . So far it lays down a plain , consistent , and just rule . Shall we go fur- ther , and ...
Seite 54
... writ , unless there was a partnership . There was , then , no necessity for legislation to reach either of these cases , for joint debtors , where not partners , were fully protected where innocent of wrong , and the creditor had his ...
... writ , unless there was a partnership . There was , then , no necessity for legislation to reach either of these cases , for joint debtors , where not partners , were fully protected where innocent of wrong , and the creditor had his ...
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Häufige Begriffe und Wortgruppen
action affidavit Affirmed agent alleged amount answer Appeal from district appellee assignment Bank bonds cause charge circuit court claim Closter complaint contract corporation counsel county seat creditors damages David Kaufman debt decree deed defendant defendant's dence district court Douglas county entitled evidence executed fact fendant filed foreclosure fraud fraudulent gage Gage county Hamlin county held homestead horse injury instructions interest Iowa issue Judge judgment jury land lien mechanic's lien ment Minn mortgage motion Nebraska negligence Omaha owner paid party payment person petition plain plaintiff in error pleadings premises purchase question quitclaim deed railroad railway reason record recover rendered rule sold statute statute of frauds suit Supreme Court sustained Syllabus testified testimony thereof tiff tion track transaction trial court trust verdict witness writ
Beliebte Passagen
Seite 293 - The court, in every stage of an action, must disregard any error or defect in the pleadings or proceedings which does not affect the substantial rights of the adverse party ; and no judgment shall be reversed, or affected, by reason of such error or defect.
Seite 295 - But where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or verdict was rendered.
Seite 323 - In the following cases every agreement shall be void, unless such agreement or some note, or memorandum thereof be in writing and subscribed by the party to be charged therewith : 1. Every agreement that by its terms is not to be performed within one year from the making thereof.
Seite 50 - A conviction cannot be had upon the testimony of an accomplice unless it be corroborated by such other evidence as shall tend to connect the defendant .with the commission of the offense; and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof.
Seite 381 - It is admitted that the rule is difficult of application. But it is generally held that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Seite 193 - ... among these individuals, but where there is and because there is merely a community of interest among them in the questions of law and fact involved in the general controversy, or in the kind and form of relief demanded and obtained by or against each individual member of the numerous body.
Seite 133 - In the following cases the agreement is invalid, unless the same or some note or memorandum thereof be in writing, and subscribed by the party charged, or by his agent.
Seite 323 - No estate or interest in lands, other than leases for a term not exceeding one year, nor any trust or power over or concerning lands, or in any manner relating thereto, shall hereafter be created, granted, assigned, surrendered, or declared, unless by act or operation of law, or by deed, or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering, or declaring the same, or by his lawful agent thereunto authorized by writing.
Seite 102 - ... this insurance, as to the interest of the mortgagee (or trustee) only therein, shall not be invalidated by any act or neglect of the mortgagor or owner...
Seite 348 - Court for, the owner, and no right of way shall be appropriated to the use of any corporation other than municipal until full compensation therefor be first made in money or ascertained and paid into Court for the owner, irrespective of any benefit from any improvement proposed by such corpo-ration, which compensation shall be ascertained by a jury, unless a jury be waived, as in other civil cases in a Court of record, as shall be prescribed by law.