The Northwestern Reporter, Volume 102West Publishing Company, 1905 - Law reports, digests, etc |
Other editions - View all
Common terms and phrases
adverse possession affirmed alleged amount Appeal from District appellee applied assessment authority bank cause of action certiorari charge Circuit Court claim complaint contract contributory negligence corporation Coun counsel court of equity damages decree deed defendant defendant's dence district court Drady entitled equity error estoppel evidence fact fendant fraud heirs held injury interest Iowa issue Judge judgment jury land liable lien ment Minn mortgage motion negligence opinion owner paid parties payment person petition plain plaintiff plaintiff in error pleaded Polk county possession proceedings proof purchase purpose question railroad reason record recover rendered rule rule in Shelley's statute statute of frauds street sufficient supra Supreme Court sustained testimony therein thereof thereto tiff tion town trial court verdict Waukechon witness
Popular passages
Page 171 - The taking, receiving, reserving, or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon.
Page 173 - The rule of the common law, that statutes in derogation! thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to. which it relates, and its provisions are to be liberally construed with a view to effect its objects and to promote justice.
Page 346 - The cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
Page 408 - When the examination of witnesses on the part of the people is closed, any witnesses the defendant may produce must be sworn and examined.
Page 400 - In case of death, marriage, or other disability of a party, the court, on motion, at any time within one year thereafter, or afterwards on a supplemental complaint, may allow the action to be continued by or against his representative or successor in interest.
Page 358 - In the construction of a pleading for the purpose of determining its effect, its allegations shall be liberally construed, with a view to substantial justice between the parties.
Page 338 - the first general maxim of interpretation is, that it is not allowable to interpret what has no need of interpretation.
Page 173 - An obligation for the payment of money is extinguished by a due offer of payment, if the amount is immediately deposited in the name of the creditor, with some bank of deposit within this state, of good repute, and notice thereof is given to the creditor.
Page 147 - A man may not take contradictory positions; and where he has a right to choose one of two modes of redress, and the two are so inconsistent that the assertion of one involves the negation or repudiation of the other, his deliberate and settled choice of one, with knowledge, or the means of knowledge of such facts as would authorize a resort to each, will preclude him thereafter from going back and electing again.
Page 225 - ... a special verdict is that by which the jury find the facts only, leaving the judgment to the court.