Reports of Cases Argued and Determined in the Superior and Common Pleas Courts of Montgomery County, Ohio

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Laning printing Company, 1900 - Law reports, digests, etc - 496 pages
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Page 462 - ... to establish a defense on the ground of insanity, it must be clearly proved, that, at the time of committing the act, the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing ; or, if he did know it, that he did not know he was doing what was wrong.
Page 306 - Mere austerity of temper, petulance of manners, rudeness of language, a want of civil attention and accommodation, even occasional sallies of passion, if they do not threaten bodily harm, do not amount to legal cruelty...
Page 188 - Under the head of equitable defences are included all matters which would before have authorized an application to the Court of Chancery for relief against a legal liability, but which at law could not have been pleaded in bar.
Page 74 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.
Page 24 - Every husband, wife, child, parent, guardian, employer or other person, who shall be injured in person or property, or means of support, by any intoxicated .person, or in consequence of the intoxication, habitual or otherwise, of any person, shall have a right of action in his or her own name, severally or jointly, against any person or persons who shall, by selling or giving intoxicating liquors, have caused the intoxication, in whole or in part, of such person or persons...
Page 252 - Is about to convert his property, or a part thereof, into money, for the purpose of placing it beyond the reach of his creditors...
Page 376 - All persons shall be bailable by sufficient sureties, except for capital offenses where the proof is evident, or the presumption great.
Page 188 - The defendant may set forth In his answer as many grounds of defense, counterclaim and set-off, whether legal or equitable, as he shall have.
Page 369 - It is not sufficient if the proof barely shows that such a state of mind was possible; nor is it sufficient if it merely shows it to have been probable. The proof must be such as to overrule the legal presumption of sanity ; it must satisfy you that he was not sane.
Page 263 - Therefore, if there be negligence on the part of the plaintiff, yet if at the time when the injury was committed it might have been avoided by the defendant in the exercise of reasonable care and prudence, an action will lie for the injury.

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