The Northeastern Reporter, Volume 30West Publishing Company, 1892 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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affirmed agreement alleged amount appellate court appellee assessment assigned averred cause of action certificate charge circuit court claim complaint concur contract contributory negligence corporation Corydon costs counsel Court of Appeals creditors damages daugh death deceased decree deed defendant defendant's demurrer duty entitled error evidence execution executors facts fendant filed fund Hazelton held husband injury instructions interest Judge judgment jury land liable lien Mass ment mortgage motion N. E. Rep N. Y. Supp negligence opinion overruled owner paid party Patrick Larkin payment person plain plaintiff plaintiff in error proceedings purchase purpose question railroad real estate reason recover reversed rule statute street subrogation Suffolk county superior court supreme court sustained taxes term testator testified thereof tiff tion town trial trust verdict wife witness York
Popular passages
Page 119 - ... any debt or demand, and from paying out, or in any way transferring or delivering, to any person, any money, property, or effects of the corporation, during the pendency of the action ; except by express permission of the court.
Page 28 - ' a statement of the facts constituting the cause of action, in ordinary, and concise language, without repetition, and in such manner as to enable a person of common understanding to know what is intended.
Page 332 - Illinois, hereby releasing and waiving all rights under and by virtue of the Homestead Exemption Laws of this State.
Page 189 - In an action, where a party is not entitled, as of right, to a trial by a jury, the court may, in its discretion, upon the application of either party, or without application, direct that one or more questions of fact, arising upon the issues, be tried by a jury, and may cause those questions to be distinctly and plainly stated for trial accordingly.
Page 26 - Now in order to maintain money had and received, it is in general incumbent upon the plaintiff to show that the defendant has money of the plaintiff which in equity and good conscience he ought not to detain from him.
Page 299 - So many and varied are the circumstances to be taken into account in determining the value of property condemned for public purposes, that it is perhaps impossible to formulate a rule to govern its appraisement in all cases. Exceptional circumstances will modify the most carefully guarded rule ; but as a general thing we should say that the compensation to the owner is to be estimated by reference to the uses for which the property is suitable, having regard to the existing business or wants of the...
Page 171 - no suit, either at law or in equity, shall be maintainable in any court between an assignee in bankruptcy and a person claiming an adverse interest, touching any property or rights of property transferable to or vested in *such assignee, unless brought within two years from the time when the cause of action accrued for or against such assignee.
Page 322 - And lastly, as to all the rest, residue and remainder of my personal estate, goods and chattels, of what kind and nature soever, I give and bequeath the same to my...
Page 79 - The people have a right, in an orderly and peaceable manner, to assemble to consult upon the common good; give instructions to their representatives; and to request of the legislative body, by the way of addresses, petitions, or remonstrances, redress of the wrongs done them, and of the grievances they suffer.
Page 392 - The plaintiff gave evidence of malice when she proved the falsity of the libelous publication; and, in the absence of evidence on the part of the defendant tending to show that it had neither the desire nor the intention to wrong her, it would have been the duty of the court to instruct the jury that the plaintiff might be awarded exemplary damages in their discretion ; but testimony was adduced on the part of the defendant tending to prove the absence of actual malice on...