The Northwestern Reporter, Том 60West Publishing Company, 1895 |
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action affidavit Affirmed agent alleged amount answer Appeal from district appellee assignment Bank bonds cause charge circuit court claim Closter complaint contract corporation counsel county seat creditors damages David Kaufman debt decree deed defendant defendant's dence district court Douglas county entitled evidence executed fact fendant filed foreclosure fraud fraudulent gage Gage county Hamlin county held homestead horse injury instructions interest Iowa issue Judge judgment jury land lien mechanic's lien ment Minn mortgage motion Nebraska negligence Omaha owner paid party payment person petition plain plaintiff in error pleadings premises purchase question quitclaim deed railroad railway reason record recover rendered rule sold statute statute of frauds suit Supreme Court sustained Syllabus testified testimony thereof tiff tion track transaction trial court trust verdict witness writ
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Сторінка 293 - The court, in every stage of an action, must disregard any error or defect in the pleadings or proceedings which does not affect the substantial rights of the adverse party ; and no judgment shall be reversed, or affected, by reason of such error or defect.
Сторінка 295 - 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.
Сторінка 323 - In the following cases every agreement shall be void, unless such agreement or some note, or memorandum thereof be in writing and subscribed by the party to be charged therewith : 1. Every agreement that by its terms is not to be performed within one year from the making thereof.
Сторінка 50 - A conviction cannot be had upon the testimony of an accomplice unless it be corroborated by such other evidence as shall tend to connect the defendant .with the commission of the offense; and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof.
Сторінка 381 - It is admitted that the rule is difficult of application. But it is generally held that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Сторінка 193 - ... among these individuals, but where there is and because there is merely a community of interest among them in the questions of law and fact involved in the general controversy, or in the kind and form of relief demanded and obtained by or against each individual member of the numerous body.
Сторінка 133 - In the following cases the agreement is invalid, unless the same or some note or memorandum thereof be in writing, and subscribed by the party charged, or by his agent.
Сторінка 323 - No estate or interest in lands, other than leases for a term not exceeding one year, nor any trust or power over or concerning lands, or in any manner relating thereto, shall hereafter be created, granted, assigned, surrendered, or declared, unless by act or operation of law, or by deed, or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering, or declaring the same, or by his lawful agent thereunto authorized by writing.
Сторінка 102 - ... this insurance, as to the interest of the mortgagee (or trustee) only therein, shall not be invalidated by any act or neglect of the mortgagor or owner...
Сторінка 348 - Court for, the owner, and no right of way shall be appropriated to the use of any corporation other than municipal until full compensation therefor be first made in money or ascertained and paid into Court for the owner, irrespective of any benefit from any improvement proposed by such corpo-ration, which compensation shall be ascertained by a jury, unless a jury be waived, as in other civil cases in a Court of record, as shall be prescribed by law.