Reports of Cases Argued and Determined in the Ohio Circuit Courts...: Ohio Circuit Decisions, Volume 27Laning printing Company, 1918 - Law reports, digests, etc |
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Page 13
... matter of trial by jury , the judgment entry in the court below contains the following language : " This day came into court , the prosecuting attorney , on behalf of the state of Ohio , as also the said defendant , William Walton ...
... matter of trial by jury , the judgment entry in the court below contains the following language : " This day came into court , the prosecuting attorney , on behalf of the state of Ohio , as also the said defendant , William Walton ...
Page 15
... matter of a proviso in a statute , is not requisite in an information , unless the matter of such proviso enters into and becomes a part of the description of the offense , or is a qualification of the language defining or creating it ...
... matter of a proviso in a statute , is not requisite in an information , unless the matter of such proviso enters into and becomes a part of the description of the offense , or is a qualification of the language defining or creating it ...
Page 19
... matter of the answer . The trial below was to the court . The issues were found to be with the defendant , and there was judgment accordingly , dismissing the petition , ordering the surrender of the certificate for cancellation , and ...
... matter of the answer . The trial below was to the court . The issues were found to be with the defendant , and there was judgment accordingly , dismissing the petition , ordering the surrender of the certificate for cancellation , and ...
Page 23
... matter in hand , as fol lows : " Thompson , in his monumental work on corporations , clearly announces his conclusions . He says : " The general rule is believed to be that , except for the purpose of proving what the corporation did ...
... matter in hand , as fol lows : " Thompson , in his monumental work on corporations , clearly announces his conclusions . He says : " The general rule is believed to be that , except for the purpose of proving what the corporation did ...
Page 25
... matter - of- fact stock certificate , the presence of which in wrongful hands- if it is wrongful - is solely due to the neglect of the sworn duty of the now conjecturer and to its own disobedience of its own . laws - in such case , we ...
... matter - of- fact stock certificate , the presence of which in wrongful hands- if it is wrongful - is solely due to the neglect of the sworn duty of the now conjecturer and to its own disobedience of its own . laws - in such case , we ...
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Common terms and phrases
affirmed alimony alleged amended amount appointment authority bill of exceptions charge Cincinnati Circ Circuit Court claimed common pleas court concur contract corporation Coshocton County counsel Court of Appeals court of common Cuyahoga County Circuit damages decedent decree deed defendant in error demurrer directed verdict duty evidence executor fact favor fendant filed Hamilton 1st Hamilton County Appeals held injury issue Jones and Gorman judge judgment jurisdiction jury lease liability Lucas county ment mortgage motion N. E. Rep negligence Ohio St opinion overruled paid parties payment Pennsylvania Co pension person petition plaintiff in error premises proceeding prosecuted question Railway real estate reason record recover refused reversed rule Sadler Stark County statute statute of frauds stockholders street supra Supreme Court sustained Syllabus tenant testator testimony thereof tion trial court trustees Walhonding river
Popular passages
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 590 - Absence or failure of consideration is matter of defense as against any person not a holder in due course; and partial failure of consideration is a defense pro tanto, whether the failure is an ascertained and liquidated amount or otherwise.
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...
Page 450 - ... application, of a subsequent clause, nor by inference therefrom, nor by any subsequent words that are not as clear and decisive as the words of the clause giving the interest or estate.