The Northeastern Reporter, Volume 48West Publishing Company, 1898 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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Results 1-5 of 82
Page 5
... cause of action . Section 402 , Rev. St. 1894 ( section 399 , Rev. St. 1881 ) , being section 138 of the Civil Code , provides as follows : " The court may on motion allow supplemental pleadings , showing facts which occurred after the ...
... cause of action . Section 402 , Rev. St. 1894 ( section 399 , Rev. St. 1881 ) , being section 138 of the Civil Code , provides as follows : " The court may on motion allow supplemental pleadings , showing facts which occurred after the ...
Page 6
... cause of action ; and , as the facts set up have oc- curred since the filing of the original com- plaint , they cannot be ingrafted upon that complaint so as to sustain it , for the cause of action must have existed before the com ...
... cause of action ; and , as the facts set up have oc- curred since the filing of the original com- plaint , they cannot be ingrafted upon that complaint so as to sustain it , for the cause of action must have existed before the com ...
Page 16
... cause of the injury to the appel- lee , then his cause of action is well grounded , and the judgment in his favor must stand , unless it clearly appears that his own negli- gence contributed to his injury . As to whether it was ...
... cause of the injury to the appel- lee , then his cause of action is well grounded , and the judgment in his favor must stand , unless it clearly appears that his own negli- gence contributed to his injury . As to whether it was ...
Page 22
... cause of the absence of sufficient considera- tion . The agent may bind himself personal- ly upon a consideration beneficial to his prin- cipal alone , and may so bind himself to one who is acquainted with the existence of the agency ...
... cause of the absence of sufficient considera- tion . The agent may bind himself personal- ly upon a consideration beneficial to his prin- cipal alone , and may so bind himself to one who is acquainted with the existence of the agency ...
Page 36
... cause unknown to the appellant at that time as an existing claim . Furthermore , this re- lease , as it shows upon its face , refers only to matters which had been " compromised " by the parties . There is no pretense that this breach ...
... cause unknown to the appellant at that time as an existing claim . Furthermore , this re- lease , as it shows upon its face , refers only to matters which had been " compromised " by the parties . There is no pretense that this breach ...
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Common terms and phrases
action affirmed agent Alexander Ogle alleged amount Appeal from appellate appellant's appellate court appellee assessment assigned assumpsit authority bank bill cause certificate Chicago circuit court claim commissioners complaint contract Cook county counsel county court court of equity Court of Illinois creditors deceased decree deed defendant demurrer dence district entitled equity evidence executed facts favor fee simple fendant filed George W held husband instruction Insurance interest John Moran Judge judgment jury Keady land lease liable ment mortgage motion Ohio overruled owner paid party payment pellant person petition plaintiff in error premises proceedings purchase question Railroad real estate reason received record refused reversed rule statute street suit supra Supreme Court sustained testator testimony thereof tion trial court trust verdict West Chicago wife witness
Popular passages
Page 372 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 249 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted.
Page 327 - From time to time, after full provision has been first made for refunding to the United States any deficiency in redeeming the notes of such association, the Comptroller shall make a ratable dividend of the money so paid over to him by such receiver on all such claims as may have been proved to his satisfaction or adjudicated in a court of competent jurisdiction, and, as the proceeds of the assets of such association are paid over to him, shall make further dividends on all claims previously proved...
Page 324 - The judgment of the District Court is reversed and the cause remanded to that court with directions to dismiss it for want of jurisdiction.
Page 364 - ... all persons having an interest in the subject of the action, and in obtaining the relief demanded, may be joined as plaintiffs, except when otherwise provided in this title.
Page 263 - ... shall render a statement to this company, signed and sworn to by said insured, stating the knowledge and belief of the insured as to the time and origin of the fire; the interest of the insured and of all others in the property ; the cash value of each item thereof and the amount of loss thereon...
Page 408 - Ford for damages for personal injuries alleged to have been sustained by him by reason of the negligence of the state, its...
Page 309 - ... unless the agreement upon which such action shall be brought, or some memorandum or note thereof...
Page 177 - ... within sixty days after the fire, unless such time is extended in writing by this company, shall render a statement to this company, signed and sworn to by said insured, stating the knowledge and belief of the insured 'as to the time and origin of the fire; the interest of the insured and of all others in the property...
Page 372 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.