The Northeastern Reporter, Volume 14West Publishing Company, 1888 - Law Includes the decisions of the Supreme Courts of Massachusetts, Ohio, Indiana, and Illinois, and Court of Appeals of New York; May/July 1891-Mar./Apr. 1936, Appellate Court of Indiana; Dec. 1926/Feb. 1927-Mar./Apr. 1936, Courts of Appeals of Ohio. |
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Common terms and phrases
action affirmed agreement alleged Allen amount appellant appellant's appellee assessment assignment authority bill bond cause cause of action charged circuit court claim complaint contract counsel court of equity creditors damages debt deceased December 23 decree deed defendant defendant's demurrer duty entitled error evidence executed executor facts fendant filed firm fraud Grayville held husband indictment injury instructions Insurance judge judgment jury land liable lien Marion county Mass ment mortgage N. E. Rep negligence notice November 29 offense officer opinion paid party payment person petition plaintiff plaintiff in error premises proceedings prove purchaser purpose question Railroad Railroad Co Railway RAPALLO real estate reason record recover rule statute statute of frauds sufficient superior court supra Supreme Court sustained term testator testified thereof tion town township trial trustee verdict witness
Popular passages
Page 204 - ... the jury may give such damages as they shall deem a fair and just compensation with reference to the pecuniary injuries resulting from such death, to the wife and next of kin of such deceased person...
Page 18 - With respect to the former case it is to be observed, that where there is any defect, imperfection, or omission in any pleading, whether in substance or form, which would have been a fatal objection upon demurrer ; yet if the issue joined be such as necessarily required on the trial proof of the facts so defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give, or the jury would have given the verdict, such defect,...
Page 38 - The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday, and then it is also excluded.
Page 329 - But the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying. A person so testifying to the giving of a bribe which has been accepted, shall not thereafter be liable to indictment, prosecution or punishment for that bribery, and may plead or prove the giving of testimony accordingly, in bar of such an indictment or prosecution.
Page 323 - Exchequer that for the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the common law) four things are to be discerned and considered: (1) What was the common law before the making of the act ; (2) what was the mischief and defect for which the common law did not provide ; (3) what remedy the Parliament hath resolved and appointed to cure the disease of the commonwealth ; (4) the true reason of the remedy.
Page 246 - The general rule, as approved by this court and the authorities elsewhere, is that, when a witness is cross-examined on a matter collateral to the issue, his answer cannot be subsequently contradicted by the party putting the question.
Page 300 - The cause of action, in such a case, is not deemed to have accrued, until the discovery, by the plaintiff, or the person under whom he claims, of the facts constituting the fraud.
Page 399 - The judge has a certain duty to discharge, and the jurors have another and a different duty. The judge has to say whether any facts have been established by evidence from, which negligence may be reasonably inferred ; the jurors have to say whether, from those facts, when submitted to them, negligence ought to be inferred.
Page 188 - But no law shall authorize the construction or operation of a street railroad except upon the condition that the consent of the owners of one-half in value of the property bounded on, and the consent also of the local authorities having the control of that portion of a street or highway upon which it is proposed to construct or operate such railroad be first obtained...
Page 443 - ... had jurisdiction of the parties and of the subjectmatter of the action; and that the...