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action affidavit alleged amended amount answer appeal application argument assessment assignment attachment attorney authority brief cars cause charge circuit court claim commenced complaint condition construction contract costs counsel creditors damages deed defendant determined direction effect entered error evidence exceptions execution fact fences filed findings further give given ground held hold injury instruction intent interest issued judge judgment jury justice land learned liable limited meaning ment Milwaukee mortgage motion negligence notice objection opinion owner paid parties payment person plaintiff possession premises proceedings proper question railroad reason record recover removal rendered respondent rule says Smith statute street sufficient taken tax deeds term testimony thereof tion town track train trial valid verdict void witnesses
Page 329 - The court said there must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 24 - But, in addition to this view, the tax on the shares is not a tax on the capital of the bank. The corporation is the legal owner of all the property of the bank, real and personal ; and within the powers conferred upon it by the charter, and for the purposes for which it was created, can deal with the corporate property as absolutely as a private individual can deal with his own.
Page 567 - The cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
Page 473 - Every future estate shall be void in its creation, which shall suspend the absolute power of alienation for a longer period than is prescribed in this Article. Such power of alienation is suspended, when there are no persons in being, by whom an absolute fee in possession can be conveyed.
Page 39 - This is an appeal from an order overruling a demurrer to the complaint in the action.
Page 473 - The absolute power of alienation shall not be suspended by any limitation or condition whatever, for a longer period than during the continuance of not more than two lives in being at the creation of the estate, except in the single case mentioned in the next section.
Page 429 - ... damages, which may be awarded against him on the appeal, not exceeding five hundred dollars. The appeal is perfected, when such an undertaking is given and a copy thereof, with notice of the filing thereof, is served, as prescribed in this title.
Page 449 - Serjt. now moved for a new trial, on the ground that the verdict was not warranted by the evidence, or to arrest the judgment.