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action affirmed agreed agreement alleged amended amount answer apply appointment authority brought cause charge Cincinnati claimed common pleas concur condition consideration construction contract corporation counsel court of common crossing damages decree defendant in error determine directed duty effect entered evidence exceptions execution fact favor filed follows further give given granted ground held hold injury issue Jones judge judgment jurisdiction jury land language lease liability matter ment motion N. E. Rep named necessary negligence Ohio St opinion paid parties payment person petition plaintiff in error premises present proceeding purchase question Railway reason record recover reference refused relator rendered reversed rule statute street sufficient suit sustained taken tenant tion trial verdict witness
Page 265 - No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements, nor unless commenced within twelve months next after the fire.
Page 55 - Legislature), unless on presentment or indictment of a grand jury, and in any trial in any court whatever the party accused shall be allowed to appear and defend in person and with counsel as in civil actions.
Page 364 - An action may be dismissed without prejudice to a future action. 1. By the plaintiff before the final submission of the case to the jury, or to the court, where the trial is by the court.
Page 423 - What usually is done may be evidence of what ought to be done, but what ought to be done is fixed by a standard of reasonable prudence, whether it usually is complied with or not.
Page 265 - In the event of disagreement as to the amount of loss the same shall, as above provided, be ascertained by two competent and disinterested appraisers, the insured and this company each selecting one, and the two so chosen shall first select a competent and disinterested umpire; the appraisers together shall then estimate and appraise the loss, stating separately sound value and damage, and, failing to agree shall submit their differences to the umpire; and the award in writing of any two shall determine...
Page 591 - THERE are three points to be considered in the construction of all remedial statutes ; the old law, the mischief, and the remedy : that is, how the common law stood at the making of the act ; what the mischief was, for which the common law did not provide ; and what remedy the parliament hath provided to cure this mischief. And it is the business of the judges so to construe the act, as to suppress the mischief and advance the remedy e.
Page 101 - The cause was submitted to a jury, and after the plaintiffs had submitted their evidence the defendant moved the court to direct the jury to return a verdict for the defendant, upon the ground that the evidence disclosed the fact that the suit at bar had not been brought within twelve months after the fire; and thereupon the court sustained the motion, and the jury returned its 1916.] Mahoning County.
Page 561 - The judgment will, therefore, be reversed and the cause remanded with instructions to overrule the demurrer, and for further proceedings. It...