Ohio Circuit Court Reports: New Series, Volume 5Ohio law reporter Company, 1905 - Law reports, digests, etc |
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Page 64
... parties have contemplated a way , or did they con- template a way ? The piece of land over which it is claimed the defendant has driven without authority , and he was stopped by the plaintiff just prior to bringing this action , is ...
... parties have contemplated a way , or did they con- template a way ? The piece of land over which it is claimed the defendant has driven without authority , and he was stopped by the plaintiff just prior to bringing this action , is ...
Page 65
... parties owning the ten acres , Mrs. Sherwood , but was used more or less by the plaint- iff in this case in drawing wood or timber and whatever he wished to draw from his own lot , and that use had continued for more than twenty - one ...
... parties owning the ten acres , Mrs. Sherwood , but was used more or less by the plaint- iff in this case in drawing wood or timber and whatever he wished to draw from his own lot , and that use had continued for more than twenty - one ...
Page 67
... parties acted and what they did , but we think those deeds . were absolute deeds ; that she had no right or authority to re- deem that land , except by reason of this contract . It was a deed absolute , intended to be such , and if she ...
... parties acted and what they did , but we think those deeds . were absolute deeds ; that she had no right or authority to re- deem that land , except by reason of this contract . It was a deed absolute , intended to be such , and if she ...
Page 69
... parties to be held to have con- templated a way ? As we say , the plaintiff was making the deed absolute of this property . If he was not making a deed absolute , then , as I have already stated , the defendant has a right of way by ...
... parties to be held to have con- templated a way ? As we say , the plaintiff was making the deed absolute of this property . If he was not making a deed absolute , then , as I have already stated , the defendant has a right of way by ...
Page 70
... parties here are reversed from what they were in the court of common pleas , but the terms " plaintiff " and " defend- ant " in this opinion refer to the parties as they were in the original case . The plaintiff brought a suit against ...
... parties here are reversed from what they were in the court of common pleas , but the terms " plaintiff " and " defend- ant " in this opinion refer to the parties as they were in the original case . The plaintiff brought a suit against ...
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Common terms and phrases
adverse possession affidavit affirmed alleged amended amount appears apply assessment authority certificate charge Circuit Court city of Toledo claimed concur consent Constitution construction contract corporation council counsel court of common court of equity court say Cuyahoga County deed defendant in error election employe entitled evidence execution fact fee simple filed grant Hamilton County held Huron County incest injury issue James Hunt judge judgment jury land lease liability lien Lorain County Lucas County matter ment mortgage motion municipal negligence Ohio St operation opinion ordinance overruled owner paid parties payment person plaintiff in error premises probate court proceedings proper prosecution purpose question railroad company railway company reason record Revised Statutes Richland County rule Sandusky County Section sheriff street railway Supreme Court telephone testimony thereof tion track trial verdict wires Wood County
Popular passages
Page 328 - The court said 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 defendant, that the accident arose from want of care.
Page 166 - 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 624 - ... to show cause why they should not be punished for contempt of court.
Page 28 - ... 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 14 - That must always rest upon some difference which bears a reasonable and just relation to the act in respect to which the classification is proposed, and can never be made arbitrarily and without any such basis.
Page 655 - the court may, 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...
Page 205 - Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial; 5.
Page 221 - All men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty; acquiring, possessing, and protecting property; and pursuing and obtaining safety- and happiness.
Page 655 - 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 651 - whenever a statute is repealed or amended, such repeal or amendment shall in no manner affect pending actions, prosecutions or proceedings, civil or criminal, and when the repeal or amendment relates to the remedy, it shall not affect pending actions, prosecutions, or proceedings, unless so expressed...