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action affirmed agent agreed agreement alleged allowed amount answer appellant appellee applied assessment assigned attorney attorneys for appellant authority Bank bill cause certificate charge Chicago Circuit Court claim Company condition consideration considered contract counsel County damages decree defendant DELIVERED directed duty effect entered error evidence execution fact filed fire follows fund further give given Heard held Illinois injury instruction interest issue Judge judgment jury JUSTICE land lien March matter ment mortgage negligence notice objection opinion paid party payment person plaintiff possession presented presiding proof proper question raft reason received record recover refused rendered result reversed rule statute street suit taken term testified testimony tion train trial trust verdict witness
Page 60 - ... the practice, pleadings, and forms and modes of proceeding existing at the time in like causes in the courts of record of the state within which such circuit or district courts are held, any rule of court to the contrary notwithstanding,
Page 606 - The rule that the evidence must correspond with the allegations and be confined to the point in issue excludes all evidence of collateral facts, or those which are incapable of affording any reasonable presumption or inference as to the principal fact or matter in dispute.
Page 660 - ... the rule against perpetuities. "The rule against perpetuities is thus stated : 'No interest subject to a condition precedent is good unless the condition must be fulfilled, if at all, within twenty-one years after some life in being at the creation of the interest.
Page 590 - ... the measure of damages is the difference in the value of the land before and after the cutting or destruction complained of: Argotsinger v.
Page 106 - The principle seems to us to be, that in contracts in which the performance depends on the continued existence of a given person or thing, a condition is implied that the impossibility of performance, arising from the perishing of the person or thing, shall excuse the performance.
Page 632 - April 1810, by virtue of a warrant issued by a justice of the peace in...
Page 589 - In Drake v. Railway Co., 63 Iowa, 310, crops were destroyed by overflow caused by an embankment, and the measure was held to be the difference between the market value of the land immediately before and after the injury. This rule was approved in Sullens v.
Page 63 - In those States where the judgment or the execution of a state court creates a lien only within the county in which the judgment is entered, it has not been doubted that a similar proceeding in the Circuit Court of the United States would create a lien to the extent of its jurisdiction. This has been the practical construction of the power of the courts of the United States, whether the lien was held to be created by the issuing of process or by express statute. Any other construction would materially...
Page 147 - All insurance companies or associations shall, upon the issue or renewal of any policy, attach to such policy, or indorse thereon, a true copy of any application or representations of the assured, which, by the terms of such policy, are made a part thereof, or of the contract of insurance, or referred to therein or which may in any manner affect the validity of such policy.