Cincinnati Superior Court Decisions: A Collection of Cases Decided at Special and General Terms of the Superior Court of Cincinnati |
Contents
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Other editions - View all
Cincinnati Superior Court Decisions: A Collection of Cases Decided at ... Lewis Montgomery Hosea No preview available - 2008 |
Cincinnati Superior Court Decisions: A Collection of Cases Decided at ... Lewis Montgomery Hosea No preview available - 2008 |
Common terms and phrases
affirmed alleged application appraisement assignment authority avers Brigel building Bullitt cause of action charge Cincinnati cited claim common law condition consideration construction contract contributory negligence conveyance corporation counsel court of equity covenant creditors damages debt deed defect defendant demurrer duty easement employed employer equity evidence exercise fact feet filed Hamilton county HOFFHEIMER HOSEA injunction injury interest judgment jurisdiction jury lease lessee liability lien ment misjoinder mortgage motion N. E. Rep negligence Ohio St ordinary owner paid parties payment performance person petition plaintiff in error plat pleadings Pocahontas Pogue premises principle proceedings proof purpose question railroad railway reason reference relation remedy rendered Revised Statutes rule says Section servant shown street suit supra Supreme Court sustained taxes testimony thereof tion track trustees union unlawful verdict wife
Popular passages
Page 438 - We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended. But we think the sound construction of the Constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people.
Page 271 - The policy contains a further provision that "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 the foregoing requirements, nor unless commenced within twelve months next after the fire.
Page 117 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 361 - Whenever the illegality appears, whether the evidence comes from one side or the other, the disclosure is fatal to the case. No consent of the defendant can neutralize its effect A stipulation in the most solemn form to waive the objection, would be tainted with the vice of the original contract, and void for the same reasons.
Page 218 - The court may before or after judgment, in furtherance of justice and on such terms as may be proper, amend any pleading 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, or by inserting other allegations material to the case...
Page 412 - In consideration of the stipulations herein named and of dollars premium does insure for the term of from the day of 19 , at noon, to the day of *..... 19. . . ., at noon, against all direct loss or damage by fire, except as hereinafter provided...
Page 413 - ... in the absence of any change increasing the risk without the consent of the insurers, and also of intentional fraud on the part of the insured, in case of total loss, the whole amount mentioned in the policy or renewal upon which the insurers receive a premium shall be paid, and in case of a partial loss the full amount of the partial loss shall be paid...
Page 348 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the 'court, one or more may sue or defend for the benefit of all.
Page 208 - And where the testimony leaves the matter uncertain and shows that any one of half a dozen things may have brought about the injury, for some of which the employer is responsible and for some of which he is not, it is not for the jury to guess between these half a dozen causes and find that the negligence of the employer was the real cause, when there is no satisfactory foundation in the testimony for that conclusion.
Page 388 - The definition given it by Judge Story is 'a bailment of personal property as a security for some debt or engagement.