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action affirmed agreed agreement alleged amount answer Appeal applied assessment assignment authority Bank benefit bill bonds cause charge claim common complainant consideration considered construction contract corporation costs court creditors crossing damages death debt decree deed defendant directed duty effect entered entitled error evidence execution fact filed follows give given ground held intention interest issue John judge judgment jury land March matter ment mortgage necessary negligence notice opinion owner paid party passed payment person plaintiff possession present principal proceedings purchase question railroad reason received record recover referred refused rule secure signed statute street suit Supreme Court taken term testimony tion trial trustee verdict wife witness
Page ix - Upon claims arising out of the same transaction, or transactions connected with the same subject of action, and not included within one of the foregoing subdivisions of this section.
Page 325 - It is a finality as to the claim or demand in controversy, concluding parties and those in privity with them, not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purpose.
Page 71 - 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.
Page 211 - An officer de facto is one whose acts, though not those of a lawful officer, the law, upon principles of policy and justice, will hold valid so far as they involve the interests of the public and third persons, where the duties of the office were exercised : First.
Page 371 - ... will not be disturbed on appeal unless it clearly appears that there has been an abuse of discretion.
Page ix - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants...
Page 35 - It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Page 183 - But there is another proposition equally well established, and it is a qualification upon the first, namely: that though the plaintiff may have been guilty of negligence, and although that negligence may, in fact, have contributed to the accident, yet if the defendant could in the result, by the exercise of ordinary care and diligence, have avoided the mischief which happened, the plaintiff's negligence will not excuse him.
Page 183 - Mere negligence or want of ordinary care or caution would not, however, disentitle him to recover unless it were such, that, but for that negligence or want of ordinary care and caution, the misfortune could not have happened, nor if the defendant might, by the exercise of care on his part, have avoided the consequences of the neglect or carelessness of the plaintiff.