The Northwestern Reporter, Volume 117West Publishing Company, 1908 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 6
... petition are sufficient to show that the subject - matter of the cross - petition is germane to the main case , the court does not lose jurisdiction by the fact that the proof fails to show a cause of action rele- vant to the case . 4 ...
... petition are sufficient to show that the subject - matter of the cross - petition is germane to the main case , the court does not lose jurisdiction by the fact that the proof fails to show a cause of action rele- vant to the case . 4 ...
Page 7
... petition seeking cancellation of notes executed by him to M. in satisfaction of a partnership debt , evidence considered , and held insufficient to support a finding that the notes executed by such surviving partner were not supported ...
... petition seeking cancellation of notes executed by him to M. in satisfaction of a partnership debt , evidence considered , and held insufficient to support a finding that the notes executed by such surviving partner were not supported ...
Page 8
... petition , and on August 23 , 1900 , he had commenced an action on the notes in question in the dis- trict court of Muscatine county against said Salinger , which suit is still pending and un- disposed of . Accordingly , it is asserted ...
... petition , and on August 23 , 1900 , he had commenced an action on the notes in question in the dis- trict court of Muscatine county against said Salinger , which suit is still pending and un- disposed of . Accordingly , it is asserted ...
Page 9
... petition- er had finished reading from the transcript , defendant objected to the evidence on the ground that the deposition containing the same was taken in the main case , and not under the cross - petition . Defendant also moved the ...
... petition- er had finished reading from the transcript , defendant objected to the evidence on the ground that the deposition containing the same was taken in the main case , and not under the cross - petition . Defendant also moved the ...
Page 15
... petition of 100 electors , ordered the election , canvassed the returns , and , upon ascertaining the result as stated , declared and recorded it , and there- upon assumed to act as directors of the new district . Their right so to do ...
... petition of 100 electors , ordered the election , canvassed the returns , and , upon ascertaining the result as stated , declared and recorded it , and there- upon assumed to act as directors of the new district . Their right so to do ...
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Common terms and phrases
affirmed alleged amendment amount Appeal from District appellee assessment authority bank cause of action Cent certificate charge circuit court claim Code commissioner complaint contention contract contributory negligence corporation counsel damages decree deed defendant defendant's demurrer deposit account district court ditch duty easement elaterite entitled error estoppel evidence executed fact favor fendant filed foreclosure granted held hoisting devices Iowa issue Judge judgment jurisdiction jury land liquor machine ment Minn mortgage negligence Note.-For notice opinion owner paid parties payment peremptory challenges person petition plain plaintiff pleaded Portage Lake possession premises probate proceedings purchase purpose question quitclaim deed railroad reason record recover respondent rule Sioux City South Dakota statute Supreme Court testator testified testimony therein thereof tiff tion trial court verdict void wife witness
Popular passages
Page 373 - ... 1. A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Page 386 - Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Page 313 - All laws of a general nature shall have a uniform operation; the General Assembly shall not grant to any citizen or class of citizens, privileges or immunities, which upon the same terms shall not equally belong to all citizens.
Page 278 - ... must be filled up strictly !n accordance with the authority given, and within a reasonable time. But if any such instrument, after completion, is negotiated to a holder in due course, it is valid and effectual for all purposes in his hands, and he may enforce it as if it had been filled up strictly in accordance with the authority...
Page 269 - Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title Of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as a holder in due course.
Page 138 - All patents granted, or preemption or homesteads allowed, shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or recognized by the preceding section.
Page 278 - But if any such instrument, after completion, is negotiated to a holder in due course, it is valid and effectual for all purposes in his hands, and he may enforce it as if it had been filled up strictly in accordance with the authority given and within a reasonable time.
Page 386 - ... although the death shall have been caused under such circumstances as amount in law to felony.
Page 432 - If at any time there shall be evidence of any lien or claim for which, if established, the Owner of the said premises might become liable, and which is chargeable to the Contractor, the Owner shall have the right to retain out of any payment then due or thereafter to become due an amount sufficient to completely indemnify him against such lien or claim.
Page 138 - Whenever, by priority of possession, rights to the use of water for mining, agricultural, manufacturing or other purposes, have vested and accrued, and the same are recognized and acknowledged by the local customs, laws and decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same...