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action affirmed agent alleged allowed amount appears appellant appellant's appellee appellee's assignment attorney authority bank benefit bill bond BRIEF brought cause charged Circuit Court claim condition consideration considered contained contract corporation County crossing damages death decree deed defect defendant duty entered error evidence exceptions execution fact give given ground Heard held hold injury instructions intention interest issue Judge judgment jury land liability Mann matter ment mortgage motion necessary negligence notice objection officers opinion Opinion filed owner paid party passed payment person plaintiff plea possession presiding proof proper purchase question railroad reason received record recover refused rendered result reversed rule statement statute street sufficient suit sustained taken term tion track train trial verdict witness
Page 393 - 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 84 - The present capacity of taking effect in possession, " if the possession were to become vacant, and not the certainty " that the possession will become vacant before the estate " limited in remainder determines, universally distinguishes "a vested remainder from one that is contingent.
Page 393 - This company shall not be held to have waived any provision or condition of this policy or any forfeiture thereof by any requirement, act, or proceeding on its part relating to the appraisal or to any examination herein provided for...
Page 508 - ... that where one by his words or conduct wilfully causes another to* believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 342 - Suspicion of defect of title or the knowledge of circumstances which would excite such suspicion in the mind of a prudent man or gross negligence on the part of the taker at the time of the transfer will not defeat his title. That result can be produced only by bad faith on his part.
Page 394 - No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity unless all the requirements of this policy shall have been complied with, and unless commenced within twelve months next after inception of the loss.
Page 26 - Coke, an estoppel must be certain to every intent ; and if upon the face of a record anything is left to conjecture as to what was necessarily involved and decided, there is no estoppel in it when pleaded, and nothing conclusive in it when offered as evidence.
Page 371 - In the construction of a statute, every part of it must be viewed in connection with the whole, so as to make all its' parts harmonize, if practicable, and give a sensible and intelligent effect to each.
Page 113 - Sec. 2. Every such action shall be brought by and in the names of the personal representatives of such deceased person, and the amount recovered in every such action shall be for the exclusive benefit of the widow and next of kin of such deceased person, and O'Donnell v.