Reports of Cases Argued and Determined in the Ohio Circuit Courts...: Ohio Circuit Decisions, Volume 27Laning printing Company, 1918 - Law reports, digests, etc |
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Page 17
... held that the imprisonment under this language was discretionary or optional with the court , and was not " di- rected " and hence , the section now numbered 4128 as it then read , gave the court no authority to sentence to the ...
... held that the imprisonment under this language was discretionary or optional with the court , and was not " di- rected " and hence , the section now numbered 4128 as it then read , gave the court no authority to sentence to the ...
Page 36
... held that : " 1. Ordinary prudence requires that a person in the full enjoyment of the faculties of hearing and seeing , before at- tempting to pass over a known railroad crossing , should use them for the purpose of discovering and ...
... held that : " 1. Ordinary prudence requires that a person in the full enjoyment of the faculties of hearing and seeing , before at- tempting to pass over a known railroad crossing , should use them for the purpose of discovering and ...
Page 43
... held by the city is exempt under Sec . 5356 G. C. from taxation . ERROR . W. T. Porter and John R. Sayler , for plaintiff in error . Thomas L. Pogue , Pros . Atty . , John V. Campbell and Charles A. Groom , Assist . Pros . Attys . , for ...
... held by the city is exempt under Sec . 5356 G. C. from taxation . ERROR . W. T. Porter and John R. Sayler , for plaintiff in error . Thomas L. Pogue , Pros . Atty . , John V. Campbell and Charles A. Groom , Assist . Pros . Attys . , for ...
Page 44
... held to be exempt unless an intention to include it is clearly manifested . Lands , buildings and other property owned by municipal cor- porations and appropriated to public uses are but the means and instrumentalities used for public ...
... held to be exempt unless an intention to include it is clearly manifested . Lands , buildings and other property owned by municipal cor- porations and appropriated to public uses are but the means and instrumentalities used for public ...
Page 47
... held to be taxable ; but the city's in- terest as lessor was distinguished from that of the lessee and was held not to be taxable . At page 271 in the opinion Shauck , J. , said : " It is not disputable that if the lands had not been ...
... held to be taxable ; but the city's in- terest as lessor was distinguished from that of the lessee and was held not to be taxable . At page 271 in the opinion Shauck , J. , said : " It is not disputable that if the lands had not been ...
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affirmed alimony alleged amended amount appointment authority bill of exceptions charge Cincinnati Circ Circuit Court claimed common pleas court concur contract corporation Coshocton County counsel Court of Appeals court of common Cuyahoga County Circuit damages decedent decree deed defendant in error demurrer directed verdict duty evidence executor fact favor fendant filed Hamilton 1st Hamilton County Appeals held injury issue Jones and Gorman judge judgment jurisdiction jury lease liability Lucas county ment mortgage motion N. E. Rep negligence Ohio St opinion overruled paid parties payment Pennsylvania Co pension person petition plaintiff in error premises proceeding prosecuted question Railway real estate reason record recover refused reversed rule Sadler Stark County statute statute of frauds stockholders street supra Supreme Court sustained Syllabus tenant testator testimony thereof tion trial court trustees Walhonding river
Popular passages
Page 265 - 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.
Page 590 - Absence or failure of consideration is matter of defense as against any person not a holder in due course; and partial failure of consideration is a defense pro tanto, whether the failure is an ascertained and liquidated amount or otherwise.
Page 55 - Legislature), unless on presentment or indictment of a grand jury, and in any trial in any court whatever the party accused shall be allowed to appear and defend in person and with counsel as in civil actions.
Page 364 - An action may be dismissed without prejudice to a future action. 1. By the plaintiff before the final submission of the case to the jury, or to the court, where the trial is by the court.
Page 423 - What usually is done may be evidence of what ought to be done, but what ought to be done is fixed by a standard of reasonable prudence, whether it usually is complied with or not.
Page 265 - In the event of disagreement as to the amount of loss the same shall, as above provided, be ascertained by two competent and disinterested appraisers, the insured and this company each selecting one, and the two so chosen shall first select a competent and disinterested umpire; the appraisers together shall then estimate and appraise the loss, stating separately sound value and damage, and, failing to agree shall submit their differences to the umpire; and the award in writing of any two shall determine...
Page 591 - THERE are three points to be considered in the construction of all remedial statutes ; the old law, the mischief, and the remedy : that is, how the common law stood at the making of the act ; what the mischief was, for which the common law did not provide ; and what remedy the parliament hath provided to cure this mischief. And it is the business of the judges so to construe the act, as to suppress the mischief and advance the remedy e.
Page 101 - The cause was submitted to a jury, and after the plaintiffs had submitted their evidence the defendant moved the court to direct the jury to return a verdict for the defendant, upon the ground that the evidence disclosed the fact that the suit at bar had not been brought within twelve months after the fire; and thereupon the court sustained the motion, and the jury returned its 1916.] Mahoning County.
Page 561 - The judgment will, therefore, be reversed and the cause remanded with instructions to overrule the demurrer, and for further proceedings. It...
Page 450 - ... application, of a subsequent clause, nor by inference therefrom, nor by any subsequent words that are not as clear and decisive as the words of the clause giving the interest or estate.