The Northeastern Reporter, Volume 80West Publishing Company, 1907 - Law 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 affirmed alleged amount Anne Caldwell appellant's Appellate Court appellee assessment authority averred bill cause Cent charge Chicago circuit court claim commissioners complaint construction contract contributory negligence Cook county corporation counsel court of equity Court of Illinois damages David Finch death deceased decree defendant defendant's demurrer duty election eminent domain employé evidence executor fact filed fund held Hurd's Rev improvement injury instruction Insurance Joseph Bache judgment jury land levy liable lien Mass matter ment municipal municipal corporation negligence Note.-For objection Ohio ordinance overruled owner paid parties payment person petition plaintiff in error premises proceedings proof purpose question railroad Railway real estate reason remanded reversed rule service of process statute street supra Supreme Court testator testified testimony thereof tion town track trial court verdict wires witness writ
Popular passages
Page 154 - The true distinction, therefore, is, between the delegation of power to make the law, which necessarily involves a discretion as to what it shall be, and conferring an authority or discretion as to its execution, to be exercised under and in pursuance of the law. The first cannot be done; to the latter no valid objection can be made.
Page 28 - This company shall not be held to have waived any provision or condition of this policy or any forfeiture thereof by any requirement, act, or proceeding on its, part relating to the appraisal or to any examination herein provided for; and the loss shall not become payable until sixty days after the notice, ascertainment, estimate, and satisfactory proof of the loss herein required have been received by this company, including an award by appraisers when appraisal has been required.
Page 61 - ... has read the foregoing petition and knows the contents thereof; that the same is true of his own knowledge, except as to matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to be true.
Page 322 - Private property shall not be taken or damaged for public use without just compensation. Such compensation, when not made by the State, shall be ascertained by a jury, as shall be prescribed by law.
Page 27 - 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 27 - ... within sixty days after the fire, unless such time is extended in writing by this company, shall render a statement to ibis company, signed and sworn to by said insured, stating the knowledge and belief of the insured as to the time and origin of the fire, the interest of the insured and of all others in the property...
Page 386 - 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 402 - ... or any other child of tender years who is tendered as a witness, does not in the opinion of the Court understand the nature of an oath, the evidence of such child may be received, though not given upon oath, if, in the opinion of the Court, such child is possessed of sufficient intelligence to justify the reception of the evidence, and understands the duty of speaking the truth...
Page 20 - Is due appellant the said sum of $700, with Interest at the rate of 7 per cent, per annum...
Page 27 - If fire occur, the insured shall give immediate notice of any loss thereby in writing to this company, protect the property from further damage, forthwith separate the damaged and undamaged personal property, put it in the best possible order, make a complete inventory of the same, stating the quantity and cost of each article and the amount claimed thereon...