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Cases Decided in the Supreme Court of Ohio: Upon the Circuit at ..., Volume 2
Ohio. Supreme Court
Visualização completa - 1872
action administrator admitted agreed agreement amount answer appear applied assigned authority averment bank bill bond cause cents chancery charge claim common pleas complainant consideration considered contract convey counsel court creditors death debtor debts decision decree deed defendant delivered demand directors dollars effect entered equity error evidence execution fact fraud fund give given heirs held hundred husband intention interest issue Johns Judge judgment jury justice land lease Lessee levy matter ment motion necessary notice objection Ohio opinion paid parties passed payment performance person plaintiff possession present principle proceedings proof prove provides purchase question reason received record recover referred repairs rule shares sheriff sold statute sufficient suit supposed sustained taken term thousand tion transferred trial verdict whole wife writ
Página 490 - ... unless the agreement, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Página 309 - If a day be appointed for payment of money, or part of it, or for doing any other act, and the day is to happen, or may happen, before the thing which is the consideration of the money, or other act, is to be performed, an action may be brought for the money, or for not doing such other act before performance; for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent...
Página 67 - AND it shall and may be lawful for the said vessel, in her voyage, to proceed and sail to, touch and stay at, any ports or places, if thereunto obliged by stress of weather, or other unavoidable accident, without prejudice to this insurance.
Página 370 - If the defendant be under an obligation, from the ties of natural justice, to refund, the law implies a debt and gives this action, founded in the equity of the plaintiff's case, as it were upon a contract (quasi ex contractu, as the Roman law expresses it).
Página 373 - ... in an action on the case, for the use and occupation of what was so held or enjoyed ; and if in evidence on the trial of such action any parol demise or any agreement (not being by deed) whereon a certain rent was reserved shall appear, the plaintiff in such action shall not therefore be nonsuited, but may make use thereof as an evidence of the Quantum of the damages to be recovered.
Página 309 - ... doing any other act, and the day is to happen, or may happen, before the thing which is the consideration of the money, or other act, is to be performed ; an action may be brought for the money, or for not doing such other act before performance, for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent. And so it is where no time is fixed for performance of that, which is the consideration of the money or other act.
Página 504 - ... County not more than three nor less than two Associate Judges, who, during their continuance in office, shall reside therein. The President and Associate Judges, in their respective Counties, any three of whom shall be a quorum, shall compose the Court of Common Pleas; which court shall have common law and chancery jurisdiction in all such cases as shall be directed by law...
Página 228 - ... the president, directors, and company of the bank of the United States," as soon as the said bank shall be organized.
Página 78 - It is a settled principle that a party will not be aided after a trial at law, unless he can impeach the justice of the verdict by facts or on grounds of which he could not have availed himself, or was prevented from doing it, by fraud or accident, or the act of the opposite party, unmixed with negligence or fault on his part.
Página 513 - But this provision did not abolish or impair the common law principle, that he who owns the lands on both banks, owns the entire river, subject only to the easement of navigation ; and he who owns the land upon one bank only, owns to the middle of the river, subject to the same easement Gavitt v.