The Northeastern Reporter, Volume 9
West Publishing Company, 1887 - 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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action agent agreement alleged amount answer appellant appellee apply assessment assignment authority averment bank bill bond cause charge circuit court claim complaint condition consideration construction contract conveyed costs counsel court damages death debt decree deed defendant demurrer direct effect entitled error evidence exceptions executed facts filed finding follows give given heirs held hold instruction intended interest issue judgment jury land liable Mass mortgage motion N. E. Rep named necessary negligence notice objection opinion owner paid paragraph parties payment person plaintiff possession presented proceedings prove purchase question railroad real estate reason received record recover refused rendered respect rule secure statute street sufficient suit sustained taken tion town train trial trust wife witness
Page 68 - But where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or verdict was rendered.
Page 75 - The tax so levied must be computed and entered upon the assessment roll by the county auditor, and collected at the same time and in the same manner as state and county taxes, and when collected shall be paid Into the county treasury for the use of the district.
Page 606 - ... giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully, to all intents and purposes, as I might or could do if personally present, with full power of substitution and revocation; hereby ratifying and confirming all that my said attorney or his substitute shall lawfully do, or cause to be done, by virtue hereof.
Page 537 - In all controversies concerning property, and in all suits between two or more persons, except in cases in which it has heretofore been...
Page 556 - ... distance within this State, the вате or a greater amount of toll or compensation than is at the same time charged, collected, or received for the transportation, in the same direction, of any passenger, or like quantity of freight of the same class, over a greater distance of the same railroad...
Page 606 - ... giving and granting unto my said attorney, full power and authority, to do and perform all and every act and thing whatsoever, requisite and necessary to be done, in and about the premises, as fully, to all intents and purposes, as I might or could do if personally present...
Page 599 - That the opinion of witnesses possessing peculiar skill is admissible, whenever the subjectmatter of inquiry is such, that inexperienced persons are unlikely to prove capable of forming a correct judgment upon it, without such assistance ; in other words, when it so far partakes of the nature of a science, as to require a course of previous habit or study, in order to the attainment of a knowledge of it...
Page 393 - This contention is asserted by counsel on the strength of the cases which hold, that where a deed is placed in the hands of a third person to be delivered to the grantee upon the performance of a certain condition by the grantee, a delivery in violation of the condition will not make the deed effective.
Page 459 - That the bounty lands granted, or hereafter to be granted, for military services during the late war, shall, while they continue to be held by the patentees, or their heirs, remain exempt, as aforesaid, from all taxes, for the term of three years, from and after the date of the patents respectively...