Ohio Circuit Court Reports: New Series, Volume 5Ohio law reporter Company, 1905 - Law reports, digests, etc |
From inside the book
Results 1-5 of 91
Page 7
... testimony of both plaintiff and defendant had been heard at the trial in the court below , the court , upon motion of defendant , instructed the jury to return a verdict in favor of the defendant , upon the sole Froelich v . Toledo ...
... testimony of both plaintiff and defendant had been heard at the trial in the court below , the court , upon motion of defendant , instructed the jury to return a verdict in favor of the defendant , upon the sole Froelich v . Toledo ...
Page 39
... testimony , the Tudor Boiler Manufacturing Company did not use this right of way in question . Non - user for this long period of time may or may not be sufficient to indicate an abandonment . In Nail & Iron Company v . Furnace Company ...
... testimony , the Tudor Boiler Manufacturing Company did not use this right of way in question . Non - user for this long period of time may or may not be sufficient to indicate an abandonment . In Nail & Iron Company v . Furnace Company ...
Page 43
... testimony , to determine whether or not any or all of these obstructions continued over the whole period of time , but we have no difficulty in finding that from 1857 to 1879 the I. & E. Greenwald Company exer- cised dominion over this ...
... testimony , to determine whether or not any or all of these obstructions continued over the whole period of time , but we have no difficulty in finding that from 1857 to 1879 the I. & E. Greenwald Company exer- cised dominion over this ...
Page 65
... testimony shows that this way had been in use for more than twenty - one years when Mrs. Sherwood deeded the land to Bates and also when Bates deeded it back to the son , the defendant in this action , and that that way had a marked ...
... testimony shows that this way had been in use for more than twenty - one years when Mrs. Sherwood deeded the land to Bates and also when Bates deeded it back to the son , the defendant in this action , and that that way had a marked ...
Page 67
... testimony as it is before us on this question , we have concluded that those deeds were deeds absolute ; that he was an absolute purchaser of the land , not taking the deed as security , and that when he deeded it back , he made a deed ...
... testimony as it is before us on this question , we have concluded that those deeds were deeds absolute ; that he was an absolute purchaser of the land , not taking the deed as security , and that when he deeded it back , he made a deed ...
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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...