The American State Reports: Containing the Cases of General Value and Authority Subsequent to Those Contained in the "American Decisions" [1760-1869] and the "American Reports" [1869-1887] Decided in the Courts of Last Resort of the Several States [1886-1911], Volume 84
Abraham Clark Freeman
Bancroft-Whitney Company, 1902 - Law reports, digests, etc
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action agreement alleged allowed amount appears appellant appellee apply arrest attorney authority Bank become bill cause character charge cited claim committed common condition consideration constitution construction contract convey corporation court created death debt decision deed defendant dollars domicile effect entitled evidence execution existence express fact fixtures follows give given granted ground held hold husband injury insured intention interest Iowa issued judgment land legislature liable lien limited marriage matter means mortgage nature necessary notice officer operation opinion owner paid parties passed payment person plaintiff possession present purchaser question railroad reason received record reference relation result rule separate statute street suit taken ticket tion trial trust valid vested void wife
Page 292 - It is a maxim, not to be disregarded, that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit, when the very point is presented for decision.
Page 850 - Where a signature is forged or made without the authority of the person whose signature it purports to be, it is wholly inoperative, and no right to retain the instrument, or to give a discharge therefor, or to enforce payment thereof against any party thereto, can be acquired through or under such signature, unless the party, against whom it is sought to enforce such right, is precluded from setting up the forgery or want of authority.
Page 43 - Assembly." § 12. Bills may originate in either House, but may be altered, amended or rejected by the other; and on the final passage of all bills, the vote shall be by yeas and nays, upon each bill separately, and shall be entered upon the journal; and no bill shall become a law without the concurrence of a majority of the members elected to each House.
Page 818 - To justify the state in thus interposing its authority in behalf of the public it must appear, first, that the interests of the public generally, as distinguished from those of a particular class, require such interference ; and, second, that the means are reasonably necessary for the accomplishment of the purpose and not unduly oppressive upon individuals.
Page 453 - Constitution, be selected by lot, so that one shall hold his office for the term of two years, one for the term of four years, and one for the term of six years...
Page 81 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
Page 461 - ... two for a term of one year, two for a term of two years and two for a term of three years each.
Page 841 - Without attempting to draw any precise line to which courts of equity will advance, and which they cannot pass, in restraining parties from availing themselves of judgments obtained at law, it may safely be said that any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a court of law, or of which he might have availed himself at law, but was prevented by fraud or accident, unmixed with any fault or negligence...