Reports of Cases Argued and Determined in the Ohio Circuit Courts...: Ohio Circuit Decisions, Volume 16Laning printing Company, 1905 - Law reports, digests, etc |
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Page 10
... possession of real property upon forfeiture of a leasehold estate therein , together with damages as for mesne rents and profits , cannot be pleaded in bar to an action commenced to recover rent under the lease , and which accrued prior ...
... possession of real property upon forfeiture of a leasehold estate therein , together with damages as for mesne rents and profits , cannot be pleaded in bar to an action commenced to recover rent under the lease , and which accrued prior ...
Page 11
... possession , which was refused . Thereupon the lessors commenced an action against said lessee to recover the possession of said premises and for mesne profits , i . e . , rents and profits from and after the date of said forfeiture ...
... possession , which was refused . Thereupon the lessors commenced an action against said lessee to recover the possession of said premises and for mesne profits , i . e . , rents and profits from and after the date of said forfeiture ...
Page 13
... possession of real property , upon a forfeiture with damages for withholding the same , the rents and profits , and an action for the recovery of rent under the lease , which accrued previous to the forfeiture , are not joinable . as ...
... possession of real property , upon a forfeiture with damages for withholding the same , the rents and profits , and an action for the recovery of rent under the lease , which accrued previous to the forfeiture , are not joinable . as ...
Page 14
... possession from plaintiff for nineteen years , and did not hold that a recovery of possession and damages for wrongful hold- ing could be united with a claim for rent under a lease . The lease failing to bind lessors to repair , there ...
... possession from plaintiff for nineteen years , and did not hold that a recovery of possession and damages for wrongful hold- ing could be united with a claim for rent under a lease . The lease failing to bind lessors to repair , there ...
Page 15
... possession and to declare a forfeiture , was no bar to a recovery in this action for rents under the lease . There was no error in sustaining the demurrer to the second answer and cross - petition filed November 10 , 1899 , for the ...
... possession and to declare a forfeiture , was no bar to a recovery in this action for rents under the lease . There was no error in sustaining the demurrer to the second answer and cross - petition filed November 10 , 1899 , for the ...
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Common terms and phrases
administrator alleged amount appears apply assessment authority bill of exceptions cause of action charge Circ Circuit Court claim Coghlin common pleas court concur contract corporation council counsel court of common Cuyahoga County damages death deed defendant in error demurrer duty election entitled evidence executor fact fee simple filed Franklin County garnishee Hamilton County held homestead injury Insurance judge judgment jurisdiction jury justice of peace land lease liable lien Lorain County Lucas County Meliss Bloch ment mortgage motion municipal N. E. Rep negligence Ohio St opinion ordinance owner paid parties payment person petition plaintiff in error premises probate court proceedings prosecution question railroad company railway company real estate reason record Stat statute street supra Supreme Court testator testimony thereof tion Toledo trial trust verdict wire Wood County
Popular passages
Page 700 - J., observed that in order for it to apply "there must be reasonable evidence of negligence, but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen, if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Page 280 - ... whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances...
Page 465 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 284 - The citizens or subjects of each of the high contracting parties shall receive, in the territories of the other, the most constant protection and security for their persons and property, and shall enjoy In this respect the same rights and privileges as are or may be granted to native citizens or subjects, on their submitting themselves to the conditions imposed upon the native citizens or subjects.
Page 572 - 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 280 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Page 465 - The court must, in every stage of an action, disregard any error or defect, in the pleadings or proceedings, which does not affect the substantial rights of the adverse party; and no judgment can be reversed or affected by reason of such error or defect.
Page 402 - ... or if five years shall have intervened between the date of the last execution issued on such judgment and the time of suing out another writ of execution thereon, such judgment shall become dormant, and shall cease to operate as a lien on the estate of the judgment debtor.
Page 310 - ... application, and shall file a full answer to the petition, pay all costs, if the court require them to be paid, and make it appear to the satisfaction of the court, by affidavit, that during the pendency of the action he had no actual notice thereof in time to appear in court and make his defense...
Page 337 - No laws shall be passed authorizing any county, city, town or township, by vote of its citizens, or otherwise, to become a stockholder in any joint stock company, corporation, or association...