The Northeastern Reporter, Volume 2
West Publishing Company, 1885 - 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 alleged amount answer appellant's appellate court appellee appellee's assessment assignment authority averred bank benefit bill cause of action charge Chicago Christian Stahl circuit court claim commissioners complaint contract contributory negligence conveyance corporation counsel creditors damages debt debtor decision decree deed defendant defendant's demurrer duty entitled error evidence execution facts Filed October firm fraud fraudulent garnishee held Hoffheimer Indianapolis indictment injury instruction intention interest judgment jury land legislature liable lien ment mortgage motion N. W. Rep negligence notice objection overruled owner paid parties payment person petition plaintiff pleading proceedings promissory note purchase purpose Q. R. Co question railroad company reason received record recover refused rule statute statute of frauds sufficient suit sustained testimony thereof tion trust valid verdict void witness
Page 505 - Saund. 228, n. (1), it is said, that, " where there is any defect, imperfection, or omission in any pleading, whether in substance or form, which would have been a fatal objection upon demurrer ; yet, if the issue joined be such as necessarily required on the trial proof of the facts so defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give or the jury would have given the verdict, such defect, imperfection, or...
Page 465 - All deeds of gift, all conveyances, and all transfers or assignments, verbal or written, of goods, chattels, or things in action, made in trust for the use of the person making the same, shall be void as against the creditors, existing or subsequent, of such person.
Page 348 - ... the rate of freight based on the condition that the carrier assumes liability only to the extent of the agreed valuation, even in case of loss or damage by the negligence of the carrier, the contract will be upheld as a proper and lawful mode of securing a due proportion between the amount for which the carrier may be responsible and the freight he receives, and of protecting himself against extravagant and fanciful valuations.
Page 323 - ... .7 That the act or omission charged as the offense, is stated with such a degree of certainty as to enable the court to pronounce judgment upon a conviction, according to the right of the case.
Page 209 - ... therefor against the latter, if the former might have maintained an action had he lived against the latter for an injury for the same act or omission. The action must be commenced within two years. The damages cannot exceed...
Page 583 - That the same has not been taken for a tax, assessment or fine, pursuant to a statute; or seized under an execution or attachment against the property of the plaintiff; or if so seized, that it is, by statute, exempt from such seizure : and 5.
Page 412 - If a person kill another in self-defence, it must appear that the danger was so urgent and pressing that in order to save his own life, or to prevent his receiving great bodily harm, the killing of the other was absolutely necessary ; and it must appear also that the person killed was the assailant, or that the slayer had really and in good faith endeavored to decline any further struggle before the mortal blow was given.
Page 614 - ... against the existence of any of those facts, that the verdict of a jury, affirming the existence thereof, rendered in an action, in the supreme court, triable by a jury, would be set aside by the court, as against the weight of evidence.
Page 63 - Law, for it is not to be presumed that the legislature intended to make any innovation upon the Common Law further than the case absolutely required.