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action alleged allowed amended amount answer appears apply assignment authority bank brought building cause charge Cincinnati claim commissioners Common Pleas Court consideration constitution construction contract corporation counsel creditors damages death decision deed defendant demurrer determine direct duty effect election entitled equity error evidence facts filed follows fund further give given grant ground Hamilton held hold improvement intention interest issue judge judgment jury land lease liability lien limits matter mortgage motion necessary notice Ohio opinion original owner paid parties passed payment person petition plaintiff premises present principle probate proceedings question railroad reason received record reference relation Revised Statutes rule says statute street suit supreme court taken testimony tion trial trust
Seite 55 - The court may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process 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...
Seite 166 - ... when the question is one of a common or general interest of many persons, or when the parties are very numerous and it may be impracticable to bring them all before the Court, one or more may sue or defend for the benefit of the whole, one action SEC.
Seite 107 - Appropriation or adaptation to the use or purpose of that part of the realty with which it is connected." (3) "The intention of the party making the annexation to make the article a permanent accession to the freehold; this intention being inferred from the nature of the article affixed, the relation and situation of the party making the annexation, and the policy of the law in relation thereto, the structure and mode of annexation, and the purpose or use for which the annexation has been made.
Seite 22 - Any fair, reasonable doubt concerning the existence of the power is resolved by the courts against the corporation, and the power is denied.
Seite 23 - Of every municipal corporation the charter or statute by which it is created is its organic act. Neither the corporation nor its officers can do any act, or make any contract, or incur any liability, not authorized thereby, or by some legislative act applicable thereto. All acts beyond the scope of the powers granted are void.
Seite 128 - Application to the use or purpose to which that part of the realty with which it is connected is appropriated. 3. The intention of the party making the annexation to make a permanent accession to the freehold.
Seite 490 - It is equally well settled that a court of equity has no jurisdiction over the appointment and removal of public officers, whether the power of removal is vested, as well as that of appointment, in executive or administrative boards or officers, or is entrusted to a judicial tribunal.
Seite 52 - There can be no doubt as to the rule that where, for a valuable consideration from the payee, an order is drawn upon the third party, and made payable out of a particular fund then due or to become due from him to the drawer, the delivery of the order to the payee operates as an assignment pro tanto of .the fund, and the drawee is bound, after notice of such assignment, to apply the fund as it accrues to the payment of the order, and to no other purpose ; and the payee may by .action compel such...
Seite 386 - Many statutes, which are in the nature of police regulations, as this is, impose criminal penalties irrespective of any Intent to violate them; the purpose being to require a degree of diligence for the protection of the public which shall render violation impossible.
Seite 522 - Gray, 84, is applicable, that if the different parts 'are so mutually connected with and dependent on each other, as conditions, considerations or compensations for each other, as to warrant a belief that the legislature intended them as a whole, and that, if all could not be carried into effect, the legislature would not pass the residue independently, and some parts are unconstitutional, all the provisions which are thus dependent, conditional or connected, must fall with them.* Or, as the point...