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action affirmed agent agreed alleged amount answer appears application assessment attorney authority benefit bill called cause charge Circuit Court claimed Cleveland commissioners common pleas concur consideration considered construction contention contract cost counsel County court of common Decided defendant defendant in error determine district ditch duty entered established evidence examination exceptions fact filed follows further given granted ground held holding improvement interest issue judge judgment jury lands lots matter ment motion necessary negligence notice Ohio opinion owner paid parties person petition plaintiff in error present proceedings proper prosecuting question Railway reason received record reference respect reversed Revised Statutes rule Section statement street sufficient Supreme Court taken term testimony tion track trial verdict
Page 132 - A single act may be an offense against two statutes; and if each statute requires proof of an additional fact which the other does not, an acquittal or conviction under either statute does not exempt the defendant from prosecution and punishment under the other.
Page 165 - The answer of the defendant must contain: 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief. 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language without repetition.
Page 136 - Upon the question of the effect of this test upon the plaintiff's right of rescission the trial judge charged the jury as follows: "If you find from the evidence that the plaintiff...
Page 428 - An order affecting a substantial right in an action, when such order in effect determines the action and prevents a judgment, and an order affecting a substantial right made in a special proceeding, or upon a summary application in an action after judgment, is a final order which may be vacated, modified or reversed, as provided in this title.
Page 67 - Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial; 5.
Page 450 - ... Entire Contract; Changes: This policy, including the endorsements and the attached papers, if any, constitutes the entire contract of insurance. No change in this policy shall be valid until approved by an executive officer of the insurer and unless such approval be endorsed hereon or attached hereto. No agent has authority to change this policy or to waive any of its provisions.
Page 341 - The trustee of the estate of a bankrupt, upon his appointment and qualification, and his successor or successors, if he shall have one or more, upon his or their appointment and qualification, shall in turn be vested by operation of law with the title of the bankrupt, as of the date he was adjudged a bankrupt...
Page 6 - When any of the matters enumerated in section forty do not appear upon the face of the complaint, the objection may be taken by answer. SEC. 45. If no such objection be taken, either by demurrer or answer, the defendant shall be deemed to have waived the same, excepting only the objection to the jurisdiction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action.
Page 290 - In all criminal prosecutions for libels, the truth may be given in evidence to the jury ; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted ; and the jury shall have the right to determine the law and the fact.