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action affirmed agent agreed agreement alleged amount answer appeal applied assignment attachment authority bank bill building called cause charge circuit court claim complaint condition constitution contract counsel damages deed defendant defendant's determine direct district court duty effect entitled error evidence examination execution fact filed follows further give given grant ground held injury interest Iowa issued Judge judgment jury justice land lien matter ment Michigan Minn mortgage motion notice objection opinion paid parties passed payment person plain plaintiff possession premises present proceedings proper purchase question railroad reason received record recover relator removal respondent rule statute sufficient Supreme Court taken testified testimony thereof tion train trial verdict witness writ
Page 328 - Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial; 5. Excessive damages, appearing to have been given under the influence of passion or prejudice; 6.
Page 202 - It Is certainly a maxim that all evidence is to be weighed according to the proof which it was in the power of one side to have produced, and in the power of the other to have contradicted.
Page 242 - ... and whenever, prior to said time, any of said sections or parts of sections shall have been granted, sold, reserved, occupied by homestead settlers or preempted, or otherwise disposed of, other lands shall be selected by said company in lieu thereof, under the direction of the Secretary of the Interior, in alternate sections, and designated by odd numbers, not more than ten miles beyond the limits of said alternate sections: ProOpinion of the Court.
Page 242 - States have full title, not reserved, sold, granted, or otherwise appropriated, and free from preemption, or other claims or rights, at the time the line of said road is definitely fixed, and a plat thereof filed in the office of the Commissioner of the General Land Office...
Page 295 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished; and there shall be in this state, hereafter, but one form of action, for the enforcement or protection of private rights and the redress of private wrongs, which shall be denominated a civil action.
Page 213 - Every subject of the Commonwealth ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which he may receive in his person, property or character. He ought to obtain right and justice freely, and without being obliged to purchase it; completely, and without any denial; promptly, and without delay ; conformably to the laws.
Page 162 - Is about to convert his property, or a part thereof, into money, for the purpose of placing it beyond the reach of his creditors...
Page 242 - That the President of the United States shall cause the lands to be surveyed for forty miles in width on both sides of the entire line of said road after the general route shall be fixed. and as fast as may be required by the...
Page 302 - ... shall be punished by imprisonment in the state prison not more than five years, or by fine not exceeding five hundred dollars and imprisonment in the county jail not more than one year...
Page 114 - The people shall be secure in their persons, houses, papers, and possessions, from unreasonable searches and seizures ; and no warrant to search any place, or to seize any person or things, shall issue, without describing them as nearly as may be, nor without probable cause, supported by oath or affirmation, subscribed to by the affiant.