Lawyers' Reports Annotated, Book 24Lawyers' Co-operative Publishing Company, 1910 |
From inside the book
Results 1-5 of 100
Page 17
... action for the purchase price of property sold , so as to pass the title , may be a mixed question of law and fact , yet the controverted questions of fact involved therein must in some way be sub- mitted to the jury . Pratt v . Peck ...
... action for the purchase price of property sold , so as to pass the title , may be a mixed question of law and fact , yet the controverted questions of fact involved therein must in some way be sub- mitted to the jury . Pratt v . Peck ...
Page 18
... action on an insurance policy , there was no general verdict , a spe- cial verdict , finding that no gasolene had been kept on the premises in question , and the amount of damage to the property cov- ered by the policy , is insufficient ...
... action on an insurance policy , there was no general verdict , a spe- cial verdict , finding that no gasolene had been kept on the premises in question , and the amount of damage to the property cov- ered by the policy , is insufficient ...
Page 19
... action on an undertaking given by the defendant in an attachment case , to secure the release of the attached property , the fact of the restitution of the attached property is an essential one to be found by the verdict , where such ...
... action on an undertaking given by the defendant in an attachment case , to secure the release of the attached property , the fact of the restitution of the attached property is an essential one to be found by the verdict , where such ...
Page 20
... action , a verdict in an action of ejectment , finding that the right of property and right of pos- session in the property are in the plaintiff , and assessing his damages at a specified sum , is defective in finding only one of the ...
... action , a verdict in an action of ejectment , finding that the right of property and right of pos- session in the property are in the plaintiff , and assessing his damages at a specified sum , is defective in finding only one of the ...
Page 21
... action for damages for alleged negligence is essential to the plaintiff's recovery , unless that fact appears by necessary inference from the facts found or from undisputed evidence , and , if asked to do so , the court must submit that ...
... action for damages for alleged negligence is essential to the plaintiff's recovery , unless that fact appears by necessary inference from the facts found or from undisputed evidence , and , if asked to do so , the court must submit that ...
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Common terms and phrases
action affirmed agent alleged answer appears appellant appellee Asso authority building C. R. Co cause charge Chicago claim Coal River complaint Constitution contract price contributory negligence conviction corporation County court of equity Crim damages declaration deed defective defendant defendant's demurrer duty easement entitled error evidence ex rel facts fendant furnished guilty held indictment injury intent interrogatories Iowa issue judgment jury land liable liquor Louisville ment Minn N. Y. Supp negligence nuisance offense Ohio St owner paid party payment person plaintiff plaintiff in error premises purchase purpose question railroad reason recover refused rendered rule special findings special verdict statute statute of frauds street submitted substantial performance sufficient supra sustained tain testimony thereof tiff tion trial United States senator witness
Popular passages
Page 178 - The object of this Essay is to assert one very simple principle, as entitled to govern absolutely the dealings of society with the individual in the way of compulsion and control...
Page 206 - It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debt by such municipal corporations...
Page 318 - ... or any interest in or concerning them, or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith...
Page 320 - ... unless some note or memorandum in writing of the bargain be made and signed by the party to be charged thereby, or by some person thereunto by him lawfully authorized.
Page 208 - All this may be done, conditionally or unconditionally, with or without the consent of the citizens, or even against their protest. In all these respects the state is supreme, and its legislative body, conforming its action to the state Constitution, may do as it will, unrestrained by any provision of the Constitution of the United States.
Page 84 - But acts done in the proper exercise of governmental powers, and not directly encroaching upon private property, though their consequences may impair its use, are universally held not to be ' a taking ' within the meaning of the constitutional provision.
Page 137 - The damages must be such as may fairly be supposed to have entered into the contemplation of the parties when they made the contract ; that is such as might naturally be expected to follow its violation ; and they must be certain, both in their nature and in respect to the cause from which they proceed.
Page 178 - That the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others.
Page 130 - That the employee was negligent; 2. That the injury was caused by the negligence of a fellow employee; 3. That the employee had assumed the risk of the injury.
Page 411 - An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is, in legal contemplation, as inoperative as though it had never been passed.