Reports of Cases Decided in the Appellate Courts of the State of Illinois, Volume 52Callaghan., 1894 |
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Common terms and phrases
action affirmed alleged amount appellant's appellee appellee's assigned assumpsit attorneys for appellant August term authority averred bill brakeman caboose cause Champaign County charge Circuit Court claim clerk codicil common law complainant contract counsel court of equity creditors criminal conversation damages deceased declaration decree defendant in error defendant's DELIVERED THE OPINION demurrer duty East St engine evidence exercise facts is contained filed March 23 filed October 28 guilty Heard Hersberger husband injury Judge judgment jury land liable Louis ment mortgage motion negligence Opinion filed March Opinion filed October ordinance parties payment person petition plaintiff in error plea presiding proof question railroad reason record recover refused reversed rule sexual intercourse SILAS Z statute street sufficient suit testator testified testimony thereof tion track train trial verdict Vermilion County wife witnesses writ
Popular passages
Page 358 - Those directions which are not of the essence of the thing to be done, but which are given with a view merely to the proper, orderly, and prompt conduct of the business, and by a failure to obey which the rights of those interested will not be prejudiced, are not commonly to be regarded as mandatory...
Page 448 - This may seem to be an exception to the rule that parol evidence is not admissible to vary the terms of a written contract, but it is not so held.
Page 656 - ... 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 358 - In other words, as the cases universally hold, a statute specifying a time within which a public officer is to perform an official act regarding the rights and duties of others is directory...
Page 226 - In the name of God, Amen : I, Sarah M. Cottrell, of the Town of Scott in the County of Cortland and State of New York, being of sound mind and memory, do make, publish, and declare this my last Will and Testament...
Page 547 - If evidence of reputation is admissible at all, its weight should be left to be determined by the jury in connection with all the other evidence in the case.
Page 134 - An agreement entered Into upon a supposition of a right, or of a doubtful right, though it after comes out that the right was on the other side, shall be binding, and the right shall not prevail against the agreement of the parties ; for the right must always be on one side or the other, and therefore the compromise of a doubtful right is a sufficient foundation of an agreement.
Page 676 - ... of such lands, if known, shall be suggested to the Court by affidavit of the plaintiff in error, and notice given them of the pendency of the writ of error ten days before the first day of the term of Court to which the writ of error is returnable, so that said terrc-tcnants may appear and defend.
Page 343 - By an official act is not meant a lawful act of the officer in the service of process; if so, the sureties would never be responsible. It means any act done by the officer in his official capacity, under color and by virtue of his office.
Page 678 - No judgment will be pronounced in any agreed case placed upon the records of this Court, unless an affidavit shall be filed, setting forth that the matters presented by the record were litigated in good faith about a matter in actual controversy between the parties, and that the opinion of this Court is not sought with any other design than to adjudicate and settle the law relative to the matter in actual controversy between the parties to the record.