Reports of Cases Decided in the Appellate Courts of the State of Illinois, Volume 59Callaghan., 1895 |
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Common terms and phrases
action affirmed agent alleged amount appellant's appellee appellee's assessment assigned Assumpsit attorneys for appellant authority bank bill bills of lading bond Chicago Circuit Court claim contract Cook County corporation County Court Court of Cook creditors damages deceased December term declaration decree defendant's DELIVERED THE OPINION demurrer duty evidence execution fact filed June filed May 28 garnishee Gillice Heard held Illinois injury instruction Iroquois County issued Judge judgment June 24 jury La Salle County lease liable March term matter ment mortgage motion negligence Opinion filed July paid parties passenger payment Peoria County person plaintiff in error plea premises PRESIDING JUSTICE purchase question Railroad Company reason record recover refused remittitur replevin rule sidewalk SILAS Z statute street suit sustained testified testimony ticket tion train trial verdict witnesses writ
Popular passages
Page 567 - ... provided by law in relation to the distribution of personal property left by persons dying intestate...
Page 563 - Becau.se therewas no evidence tending to show that the plaintiff was in the exercise of due care at the time of the accident.
Page 139 - Whoever contracts to have or give to himself or another the option to sell or buy, at a future time...
Page 605 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers, and no others : First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted ; third, those essential to the accomplishment of the declared objects and purposes of the corporation — not simply convenient, but indispensable.
Page 349 - But although the principal is thus liable for the torts and negligences of his agent, yet we are to understand the doctrine with its just limitations, that the tort or negligence occurs in the course of the agency. For the principal is not liable for the torts or negligences of his agent in any matters beyond the scope of the agency, unless he has expressly authorized them to be done, or he has subsequently adopted them for his own use and benefit.
Page 563 - The general principle upon which it depends, appears to be that, where there is any defect, imperfection, or omission in any pleading, whether in substance or form, which would have been a fatal objection upon demurrer, yet, if the issue joined be such as necessarily required, on the trial, proof of the facts so defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give, or...
Page 539 - ... each stockholder shall be liable for the debts of the corporation to the extent of the amount that may be unpaid upon the stock held by him, to be collected in the manner herein provided.
Page 227 - THIS INDENTURE, made this day of , in the year One thousand, nine hundred and , between of , the party of the first part...
Page 561 - ... defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give or the jury would have given the verdict, such defect, imperfection, or omission is cured by the verdict...
Page 49 - ... (as, for example, if it appear that several distinct matters may have been litigated, upon one or more of which the judgment may have passed, without indicating which of them was thus litigated, and upon which the judgment was rendered), the whole subject-matter of the action will be at large and open to a new contention unless this uncertainty be removed by extrinsic evidence showing the precise point involved and determined.