The Northeastern Reporter, Volume 36
West Publishing Company, 1894 - Law reports, digests, etc
Includes the decisions of the Supreme Courts of Massachusetts, Ohio, Indiana, and Illinois, and Court of Appeals of New York; May/July 1891-Mar./Apr. 1936, Appellate Court of Indiana; Dec. 1926/Feb. 1927-Mar./Apr. 1936, Courts of Appeals of Ohio.
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affidavit affirmed agent alleged amendment answer Appeal from circuit appellant's appellate court appellee assigned authority averred bill of exceptions cause of action charge Charles Shultz circuit court claim complaint conclusion constitution contract counsel court of equity Court of Indiana damages deceased declared decree deed defendant defendant's demurrer dence duty error evidence facts fee simple fendant filed granted held indictment injury instructions Insurance Joint tenancy Judge judgment jurisdiction jury land liability lien lumber Mass ment mortgage motion N. Y. Supp negligence officers overruling owner paid parties payment Pennsylvania Co person plain plaintiff plaintiff in error proceedings question Railroad Railroad Co Railway reason record recover reversed rule statute sufficient supra supreme court sustained tenants term thereof tiff tion trial court Van Duzee verdict witness
Page 261 - 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 194 - This policy is made and accepted subject to the foregoing stipulations and conditions, together with such other provisions, agreements, or conditions as may be endorsed hereon or added hereto, and no officer, agent, or other representative of this company shall have power to waive any provision or condition of this policy except such as by the terms of this policy may be the subject of agreement indorsed hereon or added hereto...
Page 333 - And shall have exclusive cognizance of all crimes and offences cognizable under the authority of the United States, except where this act otherwise provides, or the laws of the United States shall otherwise direct, and concurrent jurisdiction with the district courts of the crimes and offences cognizable therein.
Page 194 - ... no officer, agent, or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting the insurance under this policy exist or be claimed by the insured unless so written or attached.
Page 333 - States, that nothing in that act contained should be construed to deprive the courts of the individual states of jurisdiction, under the laws of the several states, over offences made punishable by that act.
Page 103 - That a defendant in any criminal case or proceeding shall only at his own request be deemed a competent witness, and his neglect to testify shall not create any presumption against him, nor shall the court permit any reference or comment to be made to or upon such neglect.
Page 412 - It is furthermore hereby provided and mutually agreed, that no suit or action against this company for the recovery of any claim by virtue of this policy shall be sustainable in any court of law or chancery, until after the award shall have been obtained fixing the amount of such claim in the manner above provided...
Page 195 - An action upon a contract obligation or liability express or implied, except a judgment or sealed instrument. 2. An action to recover upon a liability created by statute, except a penalty or forfeiture. 3. An action to recover damages for an injury to property, or a personal injury, except in a case where a different period is expressly prescribed in this article.
Page 125 - The court, in every stage of an action, must disregard any error or defect in the pleadings or proceedings which does not affect the substantial rights of the adverse party; and no judgment shall be reversed, or affected, by reason of such error or defect.