The Northwestern Reporter, Volume 61West Publishing Company, 1895 - Law reports, digests, etc |
From inside the book
Results 1-5 of 83
Page x
... instructions to the jury : ( Set out the instructions referred to and , continue ) : - which the court refused as to each instruction , to which several rulings the plain- tiff ( or defendant ) at the proper time excepted , and ...
... instructions to the jury : ( Set out the instructions referred to and , continue ) : - which the court refused as to each instruction , to which several rulings the plain- tiff ( or defendant ) at the proper time excepted , and ...
Page 34
... instruction of the court to the jury is unchallenged , and its correctness unquestioned . either in the trial court or here , a verdict of the jury in open dis- regard of such instruction will not be allowed to stand . ( Syllabus by the ...
... instruction of the court to the jury is unchallenged , and its correctness unquestioned . either in the trial court or here , a verdict of the jury in open dis- regard of such instruction will not be allowed to stand . ( Syllabus by the ...
Page 94
... instruction , brought suit for the collection of the premium note very soon after , and judgment was thereon rendered October 11 , 1889. On the day last named there was paid to John S. Morrison , the justice of the peace by whom the ...
... instruction , brought suit for the collection of the premium note very soon after , and judgment was thereon rendered October 11 , 1889. On the day last named there was paid to John S. Morrison , the justice of the peace by whom the ...
Page 97
... INSTRUCTION AS TÓ DAMAGES . An instruction which , in effect , left the determination of general damages resulting from malicious prosecution to be determined by the jury , guided by their opinions and judg ment as reasonable men , held ...
... INSTRUCTION AS TÓ DAMAGES . An instruction which , in effect , left the determination of general damages resulting from malicious prosecution to be determined by the jury , guided by their opinions and judg ment as reasonable men , held ...
Page 98
... instruction given on this subject was so palpably defective that of necessity the ver dict was thereby vitiated . The instruction complained of was in the following language : " The court instructs the jury that if you find in favor of ...
... instruction given on this subject was so palpably defective that of necessity the ver dict was thereby vitiated . The instruction complained of was in the following language : " The court instructs the jury that if you find in favor of ...
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Common terms and phrases
action affidavit affirmed alleged amount answer Appeal from district appellant appellee assignment attorney bank cause certificate charge chattel mortgage circuit court claim complaint contract coun counsel Court of Iowa creditors damages decree deed defendant defendant's demurrer dence denied district court entitled evidence executed fact fendant filed firm foreclosure held homestead indorsed injury instruction interest issue Judge judgment jury Knox county Ladenburger land liable lien ment Minn mortgage motion Nebraska negligence North Dakota notice paid parties payment person petition plain plaintiff in error pleaded Polk county premises prosecution purchase question reason record recover register of deeds rendered replevin reversed rule Sauk Centre Sioux City statute suit Supreme Court sustained tained testified testimony thereof tiff tion trust verdict witness writ
Popular passages
Page 53 - This company shall not be liable beyond the actual cash value of the property at the time any loss or damage occurs, and the loss or damage shall be ascertained or estimated according to such actual cash value, with proper deduction for depreciation, however caused, and shall in no event exceed what it would then cost the insured to repair or replace the same with material of like kind and quality; said ascertainment or estimate shall be Fire, &c.~] Wilms vs.
Page 93 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2.
Page 219 - ... 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.
Page 54 - 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...
Page 54 - It shall be optional, however, with this company to take all or any part of the articles at such ascertained or appraised value, and also to repair, rebuild, or replace the property lost or damaged with other of like kind and quality within a reasonable time, on giving notice, within thirty days after the receipt of the proof herein required, of Its intention so to do; but there can be no abandonment to this company of the property described.
Page 121 - This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if the insured now has or shall hereafter make or procure any other contract of insurance, whether valid or not, on property covered in whole or in part by this policy...
Page 51 - When private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the State, shall be ascertained by a jury or by not less than three commissioners appointed by a court of record, as shall be prescribed by law.
Page 336 - He must, in the language of the cases, have sufficient active memory to collect in his mind, without prompting, the particulars or elements of the business to be transacted, and to hold them in his mind a sufficient length of time to perceive at least their obvious relations to each other, and be able to form some rational judgment in relation to them.
Page 93 - ... 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Page 210 - If you find from a preponderance of the evidence in this case that the plaintiff...