Ohio Circuit Court Reports: New Series, Volume 2Ohio law reporter Company, 1904 |
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Common terms and phrases
action affidavit alleged amended amount appears appointed assessment assignment authorities averred benefits Benjamin Wade bill of exceptions Bucyrus building cause charge Circuit Court claimed Cleveland common pleas concur contract contributory negligence corporation council counsel court of common court of equity Crestline crime Cuyahoga County damages defendant in error duty employes entitled equity Erie County evidence ex rel execution fact filed Franklin County guilty Hamilton County held indictment injury issued Judge judgment jury land lease liable lien Lucas County ment mortgage motion negligence offense officer Ohio St opinion ordinance owner parties payment Pennsylvania Company person petition plaintiff in error premises proceedings prosecuted purpose question railroad company railway company reason record recover Revised Statutes rule Sandusky County Section suit Summit County Supreme Court syllabus testimony tion Toledo track trial trustee verdict Wood County
Popular passages
Page 242 - An unconstitutional act is not a law; it confers no rights ; it imposes no duties ; it affords no protection ; it creates no office ; it is, in legal contemplation, as inoperative as though it had never been passed.
Page 243 - After a statute has been settled by judicial construction, the construction becomes, so far as contract rights acquired under it are concerned, as much a part of the statute as the text itself, and a change of decision is to all intents and purposes the same in its effect on contracts as an amendment of the law by means of a legislative enactment.
Page 114 - In case of the death, or other disability, of a party, the court, on motion, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
Page 277 - Whenever, however, the relations between the contracting parties appear to be of such a character as to render it certain that they do not deal on terms of equality but that either on the one side from superior knowledge of the matter derived from a fiduciary relation, or from overmastering influence. or on the other from weakness, dependence, or trust justifiably reposed, unfair advantage in a transaction is rendered probable...
Page 373 - A widow shall be endowed of the third part of all the lands whereof her husband was seized of an estate of inheritance at any time during the marriage, unless she shall have lawfully released her right thereto.
Page 415 - Larc.eny is the felonious taking and carrying away of the personal goods of another.
Page 586 - ... to keep a set of books showing a complete record of business transacted including all purchases and sales both for cash and credit, together with the last inventory of said business...
Page 303 - When the summons has been served, or publication made, the action is pending, so as to charge third persons with notice of its pendency, and while pending, no interest can be acquired by third persons in the subject matter thereof, as against the plaintiff's title.
Page 570 - Saund. 3206, that where a covenant (of the plaintiff) goes only to part of the consideration on both sides, and a breach of such covenant may be paid for in damages, it is an independent covenant, and an action may be maintained for a breach of the contract on the part of the defendant without averring performance in the declaration.
Page 411 - Upon an indictment for a crime consisting of different degrees, the jury may find the defendant not guilty of the degree charged in the indictment, and guilty of any degree inferior thereto, or of an attempt to commit the crime.