The Northwestern Reporter, Volume 117West Publishing Company, 1908 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 2
... testimony and certain of the in- structions given by the trial court . For the purpose of showing actual , as dis- tinguished from legal , malice upon the part of the defendant , plaintiffs undertook to show the market price of hogs at ...
... testimony and certain of the in- structions given by the trial court . For the purpose of showing actual , as dis- tinguished from legal , malice upon the part of the defendant , plaintiffs undertook to show the market price of hogs at ...
Page 3
... testimony admitted to sus- tain the plea interposed by defendant . Such testimony was admissible only to negative the thought of express or actual malice . It should not be considered in mitigation of the actual damages sustained , for ...
... testimony admitted to sus- tain the plea interposed by defendant . Such testimony was admissible only to negative the thought of express or actual malice . It should not be considered in mitigation of the actual damages sustained , for ...
Page 9
... testimony on the part of defendant . " Here the court remarked : " My idea in permitting this at this time was to allow the testimony to be re- ceived as if on cross - examination of the wit- ness , and in order that the record may pre ...
... testimony on the part of defendant . " Here the court remarked : " My idea in permitting this at this time was to allow the testimony to be re- ceived as if on cross - examination of the wit- ness , and in order that the record may pre ...
Page 13
... testimony of the witnesses is substantially undisputed to the effect , not only that this latter corner was the one commonly observed and recog- nized by the adjoining property holders and by the road officers , but this claim was still ...
... testimony of the witnesses is substantially undisputed to the effect , not only that this latter corner was the one commonly observed and recog- nized by the adjoining property holders and by the road officers , but this claim was still ...
Page 46
... testimony we have the language of the mort- gage itself , which describes the note as be- coming due on November 1 , 1889. To this is added the testimony of the husband of the person signing the note , who saw it made and says that it ...
... testimony we have the language of the mort- gage itself , which describes the note as be- coming due on November 1 , 1889. To this is added the testimony of the husband of the person signing the note , who saw it made and says that it ...
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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...