Reports of Cases Argued and Determined in Ohio Courts of Record Except Supreme and CircuitLaning Print. Company, 1898 - Law reports, digests, etc |
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alleged amended amount answer appears apply April April 13 assignment attorney authority avers Bank bond cause of action Central Ohio Railroad charge cited city of Cincinnati claim commissioners Common Pleas Court constitution construction contract corporation counsel Court of Cincinnati court of equity creditors damages death decision deed defendant company demurrer dower duty election Emma Campbell entitled equity evidence fact fee simple filed fund grant Hamilton Common Pleas Hamilton county held injunction insolvent interest issue judge judgment jurisdiction jury land lease legislature liability lien loan mechanic's lien ment mortgage motion Ohio St opinion ordinance owner paid parties payment person petition plaintiff in error premises probate court proceedings purpose question railroad company real estate reason Revised Statutes rule says street Superior Court supreme court testator testimony therein tion trial trust void witness
Popular passages
Page 55 - The court may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process or proceeding, by adding or striking out the name of any party ; or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 166 - ... when the question is one of a common or general interest of many persons, or when the parties are very numerous and it may be impracticable to bring them all before the Court, one or more may sue or defend for the benefit of the whole, one action SEC.
Page 107 - Appropriation or adaptation to the use or purpose of that part of the realty with which it is connected." (3) "The intention of the party making the annexation to make the article a permanent accession to the freehold; this intention being inferred from the nature of the article affixed, the relation and situation of the party making the annexation, and the policy of the law in relation thereto, the structure and mode of annexation, and the purpose or use for which the annexation has been made.
Page 22 - Any fair, reasonable doubt concerning the existence of the power is resolved by the courts against the corporation, and the power is denied.
Page 23 - Of every municipal corporation the charter or statute by which it is created is its organic act. Neither the corporation nor its officers can do any act, or make any contract, or incur any liability, not authorized thereby, or by some legislative act applicable thereto. All acts beyond the scope of the powers granted are void.
Page 128 - Application to the use or purpose to which that part of the realty with which it is connected is appropriated. 3. The intention of the party making the annexation to make a permanent accession to the freehold.
Page 490 - It is equally well settled that a court of equity has no jurisdiction over the appointment and removal of public officers, whether the power of removal is vested, as well as that of appointment, in executive or administrative boards or officers, or is entrusted to a judicial tribunal.
Page 52 - There can be no doubt as to the rule that where, for a valuable consideration from the payee, an order is drawn upon the third party, and made payable out of a particular fund then due or to become due from him to the drawer, the delivery of the order to the payee operates as an assignment pro tanto of .the fund, and the drawee is bound, after notice of such assignment, to apply the fund as it accrues to the payment of the order, and to no other purpose ; and the payee may by .action compel such...
Page 386 - Many statutes, which are in the nature of police regulations, as this is, impose criminal penalties irrespective of any Intent to violate them; the purpose being to require a degree of diligence for the protection of the public which shall render violation impossible.
Page 522 - Gray, 84, is applicable, that if the different parts 'are so mutually connected with and dependent on each other, as conditions, considerations or compensations for each other, as to warrant a belief that the legislature intended them as a whole, and that, if all could not be carried into effect, the legislature would not pass the residue independently, and some parts are unconstitutional, all the provisions which are thus dependent, conditional or connected, must fall with them.* Or, as the point...