The Northwestern Reporter, Volume 75West Publishing Company, 1898 - Law reports, digests, etc |
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Common terms and phrases
affirmed agent alleged amended amount answer Appeal from district appellee assignment attorney authority bank Cass county CASSODAY cause of action charge circuit court claim Closs complaint contract conveyance coun counsel county treasurer court of equity creditors damages debt decree deed defendant appeals defendant's demurrer denied district court Douglas county entitled equity error evidence execution fact favor fendant filed foreclosure garnishee granted held interest Iowa issue Judge judgment jurisdiction jury land liability lien ment Mike Collins Minn mortgage motion notice owner paid party payment person petition plain plaintiff in error pleadings possession premises proceedings purchase question Railway Ramsey county real estate reason record recover replevin reversed rule secure statute stockholders suit Supreme Court sustained Syllabus taxes thereof tiff tion trial court trust verdict warranty William Deering
Popular passages
Page 222 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally — ie, according to the usual course of things, from such breach of contract itself...
Page 420 - No action for the recovery of real property, or for the recovery of the possession thereof, shall be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the premises in question within twenty years before the commencement of such action.
Page 46 - Upon claims arising out of the same transaction, or transactions connected with the same subject of action, and not included within one of the foregoing subdivisions of this section.
Page 321 - ... shall not be invalidated by any act or neglect of the mortgagor or owner of the within described property, nor by any foreclosure or other proceedings or notice of sale relating to the property, nor by any change in the title or ownership of the property...
Page 15 - Being known to the plaintiff, it is to be presumed, in the absence of any evidence to the contrary, that the parties contracted in reference to it.
Page 231 - A person who, with the intent to deprive or defraud the true owner of his property, or of the use and benefit thereof, or to appropriate the same to the use of the taker, or of any other person, either, 1.
Page 8 - Ed.) p. 246, as follows: •'Where, therefore, a part of a statute Is unconstitutional, that fact does not authorize the courts to declare the remainder void also, unless all the provisions are connected In subject-matter, depending on each other, operating together for the same purpose, or otherwise so connected together In meaning that It cannot be presumed the Legislature would have passed the one without the other.
Page 38 - ... [No person shall be prosecuted, tried or punished for any offense not capital, except as provided in section one thousand and forty-six, unless the indictment is found, or the information is instituted within three years next after such offense shall have been committed.
Page 83 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable.
Page 59 - The preceding section shall not be construed to extend to crimes committed by one Indian against the person or property of another Indian, nor to any Indian committing any offense in the Indian country who has been punished by the local law of the tribe, or to any case where, by treaty stipulations, the exclusive jurisdiction over such offenses la or may be secured to the Indian tribes respectively.