The Northwestern Reporter, Volume 62West Publishing Company, 1895 - Law reports, digests, etc |
From inside the book
Results 1-5 of 84
Page 3
... action , either ex contractu or ex delicto , for the injuries sustained . The rule , no doubt , is as announced by Judge Cooley in his work on Torts , at page 104 et seq .: " In many cases an action , as for tort , or an action for a ...
... action , either ex contractu or ex delicto , for the injuries sustained . The rule , no doubt , is as announced by Judge Cooley in his work on Torts , at page 104 et seq .: " In many cases an action , as for tort , or an action for a ...
Page 6
... action for malicious prosecution , this court followed the McKinley Case , and held that in such actions actual ... action in that case , owing to its peculiar facts , was an action for breach of contract ; and that damages for mental ...
... action for malicious prosecution , this court followed the McKinley Case , and held that in such actions actual ... action in that case , owing to its peculiar facts , was an action for breach of contract ; and that damages for mental ...
Page 12
... action by the husband to recov er for loss of the wife's services ; the present action being brought by the wife for damages sustained by her . A careful examination of the record in both cases shows that the evi- dence in both is ...
... action by the husband to recov er for loss of the wife's services ; the present action being brought by the wife for damages sustained by her . A careful examination of the record in both cases shows that the evi- dence in both is ...
Page 13
... action is really be- tween them and the plaintiff . They con- tend that the matters in dispute were in- volved in an action brought by Beck , to which the plaintiff was a party , which was pending when this action was commenced ; that ...
... action is really be- tween them and the plaintiff . They con- tend that the matters in dispute were in- volved in an action brought by Beck , to which the plaintiff was a party , which was pending when this action was commenced ; that ...
Page 23
... action against all par- ties excepting himself , on the alleged grounds that there was a misjoinder of causes of ac- tion and of parties . The other defendants filed similar motions . Upon the submission of these motions the court made ...
... action against all par- ties excepting himself , on the alleged grounds that there was a misjoinder of causes of ac- tion and of parties . The other defendants filed similar motions . Upon the submission of these motions the court made ...
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Common terms and phrases
affidavit affirmed agreed alleged amount Appeal from district appellee applied assignment authority bank bill bond brings error CASSODAY cause of action charge circuit court claim complainant contract corporation coun counsel creditors damages debt decree deed defendant defendant's dence district court Douglas county entitled evidence execution fact favor fendant filed foreclosure held interest Iowa issued Judge judgment jury justice Lancaster county land Lawrence county lease liable lien lumber Meade county mechanic's lien ment Minn Minneapolis mortgage motion Nebraska negligence owner paid partnership party payment person petition plaintiff in error possession premises proceedings purchase question railroad company real estate reason received record recover register of deeds replevin rule sold statute street suit Supreme Court sustained Syllabus testimony thereof tiff tion trial court verdict writ
Popular passages
Page 313 - The court may, either 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, or by inserting other allegations material to the case, or, when the amendment does not change substantially the claim or defense, by conforming the pleading or proceeding to the facts proved.
Page 11 - But it is generally held that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Page 3 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally (ie, according to the usual course of things) from such breach of contract itself...
Page 442 - It is further stipulated and agreed, that in case of any loss, detriment, or damage done to, or sustained by any of the property herein receipted for during such transportation, whereby any legal liability or responsibility shall or may be incurred, that company alone shall be held answerable therefor in whose actual custody the same may be at the time of the happening of such loss, detriment, or damage...
Page 178 - The governor shall have the power to grant reprieves, commutations and pardons after conviction, for all offenses except treason and cases of impeachment, upon such conditions and with such restrictions and limitations, as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons.
Page 307 - ... it shall be the duty of the prothonotary of any court of record within this commonwealth, on the application of any person being the original holder [or assignee of such holder] of a note, bond, or other instrument of writing in which judgment is confessed, or containing a warrant for an attorney at law or other person to confess judgment, to enter judgment against the person or persons who executed the same for the amount which, from the face of the instrument, may appear to be due...
Page 86 - In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the premises shall be presumed to have been possessed thereof within the time required by law ; and the occupation of...
Page 134 - A judgment that the defendant pay a fine may also direct that he be imprisoned until the fine be satisfied, specifying the extent of imprisonment, which must not exceed one day for every dollar of the fine.
Page 37 - Every ballot shall contain the name of every candidate whose nomination for any office specified in the ballot has been certified or filed according to the provisions of this act and no other name.
Page 293 - Marbury proceeding was instituted by a motion for a rule to show cause why a writ of mandamus should not issue to direct James Madison, as Secretary of State, to deliver to Marbury a commission as a justice of the peace.