| 1896 - 1164 páginas
..."A man may not take contradictory positions; and where he has a right to choose one of two methods of redress, and the two are so Inconsistent that the...one with knowledge, or the means of knowledge, of ench facts as would authorize a resort to each, will preclude him thereafter from going back and electing... | |
| 1896 - 1168 páginas
..."A man may not take contradictory positions; and where he has a right to choose one of two methods of redress, and the two are so Inconsistent that the...involves the negation or repudiation of the other, Ыз deliberate and settled choice of one with knowledge, or the means of knowledge, of ench facts... | |
| 1896 - 1210 páginas
..."A man may not take contradictory positions; and where he has a right to choose one of two methods of redress, and the two are so Inconsistent that the assertion of one involves tue negation or repudiation of the other, his deliberate and settled choice of one with knowledge,... | |
| Iowa. Supreme Court - 1897 - 856 páginas
...312, as follows: "A man may not take two contradictory positions, and where he has a right to choose 2 one of two modes of redress, and the two are so inconsistent...deliberate and settled choice of one, with knowledge, or means of knowledge, of such facts as would authorize a resort to each, will preclude him thereafter... | |
| United States. Supreme Court - 1901 - 1488 páginas
...son. The MI i>ii MI'- court said: " A party may not take contradictory positions; and where he has a right to choose one of two modes of redress, and...involves the negation or repudiation of the other, bisdeliberate and settled choice of one, with knowledge or means of knowledge of such facts as would... | |
| 1902 - 1260 páginas
...electing the other." Applying it to this case, we do not think the remedies of certiorari and appeal are so inconsistent that the assertion of one involves the negation or repudiation of the other. True, certiorari will not ordinarily He where there is a remedy by appeal, and when the party has a... | |
| Iowa. Supreme Court - 1905 - 996 páginas
...authorities it was there said : " A man may not take two contradictory positions, and where he has two modes of redress, and the two are so inconsistent...deliberate and settled choice of one, with knowledge or means of knowledge of such facts as would authorize a resort to each, wiy. preclude him from thereafter... | |
| 1905 - 1266 páginas
...the authorities it was there said: "A man may not take two contradictory positions, and where he has two modes of redress, and the two are so inconsistent...deliberate and settled choice of one, with knowledge or means of knowledge of such facts as would authorize a resort to each, will preclude him from thereafter... | |
| Iowa. Supreme Court - 1906 - 892 páginas
...Howard,, 31 ilich. 312, as follows: 'A man may not take two contradictory positions, and where he has a right to choose one of two modes of redress, and...deliberate and settled choice of one, with knowledge, or means of knowledge, of such facts as would authorize a resort to each, will preclude him thereafter... | |
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