The Northwestern Reporter, Volume 68West Publishing Company, 1896 - Law reports, digests, etc |
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Common terms and phrases
adverse possession affirmed agent alleged amount appellee assessment assignment authority Bank bill cause of action certiorari charge circuit court claim complainant constitution contract corporation coun counsel court of equity Court of Michigan creditors damages debt decree deed defendant defendant's district court Douglas county entitled evidence executed fact favor fendant filed held insolvency interest Iowa issue Judge judgment July 21 jury land lease legislature liability lien ment Minn Minnesota mortgage motion notice Otter Tail county paid party payment person plaintiff plaintiff in error possession premises proceedings promissory notes purchase question quitclaim deed reason received record recover respondent rule South Dakota statute struck jury Supreme Court sustained Syllabus taxes testified testimony thereof tiff tion trial court verdict Wayne county witness writ
Popular passages
Page 191 - But it is generally held that, in order to warrant a finding that negligence or an act not amounting to wanton wrong is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Page 254 - ... remain a permanent fund, the interest of which shall be applied to the support of said university, with such branches as the public convenience may demand, for the promotion of literature, the arts and sciences, as may be authorized by the terms of such grant. And it shall be the duty of the legislature as soon as may be. to provide effectual means for the improvement and permanent security of the funds of said university.
Page 256 - The proceeds from the sales of all lands that have been or hereafter may be granted by the United States to the state for educational purposes, and the proceeds of all lands or other property given by individuals or appropriated by the state for like purposes, shall be and remain a perpetual fund, the interest and income of which, together with the rents of all such lands as may remain unsold, shall be inviolably appropriated and annually applied to the specific objects of the original gift, grant...
Page 426 - After hearing the charge, the jury may either decide in court, or may retire for deliberation. If they do not ,agree without retiring, one or more officers must be sworn, to keep them together in some private and convenient place, and not to permit any person to speak to or communicate with them, nor...
Page 90 - ... so far as respects debts contracted subsequent to the passage of such law. Thirdly, but that a certificate of discharge under such a law cannot be pleaded in bar of an action brought by a citizen of another State in the courts of the United States, or of any other State than that where the discharge was obtained.
Page 370 - where a principal has, by his voluntary act, placed an agent in such a situation that a person of ordinary prudence, conversant with business usages and the nature of the particular business, is justified in presuming that...
Page 46 - The test to determine whether one who renders service to another does so as a contractor or not is to ascertain whether he renders the service in the course of an independent occupation, representing the will of his employer only as to the result of his work, and not as to the means by which it is accomplished.
Page 2 - It shall be optional, however, with this company to take all or any part of the articles at such ascertained or appraised value, and also to repair, rebuild or replace the property lost or damaged with other of like kind and quality within a reasonable time on giving notice, within thirty days after the receipt of the proof herein required of its intention so to do; but there can be no abandonment to this company of the property described.
Page 159 - No action shall be brought to charge any person upon any contract for the sale of lands, tenements or hereditaments, or any interest in or concerning them, for a longer term than one year, unless such contract, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized in writing, signed by such party.
Page 191 - The question always is: Was there an unbroken connection between the wrongful act and the injury, a continuous operation? Did the facts constitute a continuous succession of events, so linked together as to make a natural whole, or was there sottfe new and Independent cause intervening between the wrong and the injury?