Reports of Cases in Law and Equity, Determined in the Supreme Court of the State of Iowa, Volume 26E. W. Stephens, 1869 |
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Results 1-5 of 89
Page 31
... evidence of the parol declarations of the agent might be on the issue whether the risk or hazard was increased , such declarations are clearly incompetent to bind the principal , after the fact of the increase is established , to pay a ...
... evidence of the parol declarations of the agent might be on the issue whether the risk or hazard was increased , such declarations are clearly incompetent to bind the principal , after the fact of the increase is established , to pay a ...
Page 42
... evidence in avoid- ance of the admitted defenses would be relied on , for judgment upon the pleadings , and finally for permission to open and close the cause upon the trial . These motions were severally overruled . The answer of ...
... evidence in avoid- ance of the admitted defenses would be relied on , for judgment upon the pleadings , and finally for permission to open and close the cause upon the trial . These motions were severally overruled . The answer of ...
Page 44
... evidence . It is certainly imposing no hardship upon him , nor could it be a surprise , for the plaintiff to admit the facts he pleads , without stating the matters in avoid- ance to be given in evidence . Having been relieved of the ...
... evidence . It is certainly imposing no hardship upon him , nor could it be a surprise , for the plaintiff to admit the facts he pleads , without stating the matters in avoid- ance to be given in evidence . Having been relieved of the ...
Page 49
... evidence , and the giving and refusing of instructions to the jury . The question is this : Can the breach of the con- ditions of the policy against the increase of the risk , with- out the written consent of the insurers , whereby the ...
... evidence , and the giving and refusing of instructions to the jury . The question is this : Can the breach of the con- ditions of the policy against the increase of the risk , with- out the written consent of the insurers , whereby the ...
Page 53
... evidence is not admissible to contradict or alter a written instrument , but this rule does not exclude such evidence when adduced to prove that a written contract is discharged , or that the damages for non - performance were waived ...
... evidence is not admissible to contradict or alter a written instrument , but this rule does not exclude such evidence when adduced to prove that a written contract is discharged , or that the damages for non - performance were waived ...
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Common terms and phrases
adverse possession Affirmed agent agreement alimony alleged amount answer appellee assignment attorney Austin Corbin authority averment bank bill breach cause of action cited claim common law condition Constitution contract conveyance counsel creditors damages debt decision declaration decree deed defendant defendant's demurrer District Court Dubuque entitled equity error estoppel evidence execution facts filed foreclosure forfeiture garnishees Germania Insurance ground heirs held Henry County Henry Markell Howard & Co husband indictment indorsed injury instructions interest Iowa JANUARY 29 judgment jury justly subsists land liable lien ment mortgage motion notice opinion overruled paid parties passengers Patton payment person petition plaintiff pleadings possession purchase question railroad company real estate reason received record recover refused rendered Reversed road rule Sioux City statute suit sustained testimony thereof tion trial verdict Viele void waived waiver wife witness XXVI
Popular passages
Page 79 - ... giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully, to all intents and purposes, as I might or could do if personally present...
Page 587 - Where people understand that they must live together, except for a very few reasons known to the law, they learn to soften by mutual accommodation, that yoke which they know they cannot shake off; they become good husbands and good wives, from the necessity of remaining husbands and wives ; for necessity is a powerful master in teaching the duties which it imposes.
Page 413 - An instrument or writing, being or purporting to be the act of another, by which a pecuniary demand or obligation is or purports to be or to have been created, increased, discharged, or diminished, or in any manner affected...
Page 345 - Every act shall embrace but one subject, and matters properly connected therewith ; which subject shall be expressed in the title. But if any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
Page 418 - In still other words, the forged instrument, to be the foundation for an indictment, must appear on its face to be good and valid for the purpose for which it was created.
Page 564 - ... upon the order of a court of record of competent jurisdiction, may sell or compound all bad or doubtful debts, and, on a like order, may sell all the real and personal property of such association, on such terms as the court shall direct ; and may, if necessary to pay the debts of sucu association, enforce the individual liability of the stockholders.
Page 296 - A conviction cannot be had upon the testimony of an accomplice unless it be corroborated by such other evidence as shall tend to connect the defendant with the commission of the offense ; and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof.
Page 568 - 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 564 - ... the Comptroller of the Currency may forthwith appoint a receiver, and require of him such bond and security as he deems proper. Such receiver, under the direction of the Comptroller, shall take possession of the books...
Page 620 - Forgery is the false making or materially altering with intent to defraud of any writing, which, if genuine, might apparently be of legal efficacy, or the foundation of a legal liability.