The Northeastern Reporter, Volume 127
Includes the decisions of the Supreme Courts of Massachusetts, Ohio, Indiana, and Illinois, and Court of Appeals of New York; May/July 1891-Mar./Apr. 1936, Appellate Court of Indiana; Dec. 1926/Feb. 1927-Mar./Apr. 1936, Courts of Appeals of Ohio.
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action adverse possession affirmed alleged amount answer appellant appellee application assessment assigned authority bank bill building cause charge Chicago circuit court claim commission commissioners compensation complaint condition construction contract corporation crossing death decree deed defendant determined direct district effect entered entitled evidence facts feet filed finding follows further give given granted held hold injury instruction intention interest issue Judge judgment jury KEY-NUMBER land lien limited matter ment mortgage motion necessary negligence notice objection operated owner paid parties payment person plaintiff in error possession presented proceedings proof purchase question railroad real estate reason received record reference result reversed rule statute street sufficient suit sustained testified thereof tion track trial wife witness
Page 21 - No variance between the allegation in a pleading and the proof, is to be deemed material, unless it have actually misled the adverse party to his prejudice, in maintaining his action or defense upon the merits.
Page 39 - Indirect advertisement for business by furnishing or inspiring newspaper comments concerning causes in whi.ch the lawyer has been or is engaged, or concerning the manner of their conduct, the magnitude of the -interests involved, the importance of the lawyer's position, and all other like self-laudation, defy the traditions and lower the tone of' our high calling, and are intolerable.
Page 39 - The publication or circulation of ordinary, simple business cards, being a matter of personal taste or local custom, and sometimes of convenience, is not per se improper, but solicitation of business by circulars or advertisements, or by personal communications or interviews not warranted by personal relations, is unprofessional.
Page 412 - Private property shall ever be held inviolate, but subservient to the public welfare. When taken in time of war or other public exigency, imperatively requiring its immediate seizure, or for the purpose of making or repairing roads, which shall be open to the public without charge, a compensation shall be made to the owner in money, and in all other cases where private property shall be taken for public use a compensation therefor shall first be made in money, or first secured by a deposit of money;...
Page 429 - Absence or failure of consideration is matter of defense as against any person not a holder in due course; and partial failure of consideration is a defense pro tanto, whether the failure is an ascertained and liquidated amount or otherwise.
Page 129 - The President in time of war is empowered, through the Secretary of War, to take possession and assume control of any system or systems of transportation, or any part thereof, and to utilize the same, to the exclusion, as far as may be necessary, of all other traffic thereon, for the transfer or transportation of troops, war material, and equipment, or for such other purposes connected with the emergency as may be needful or desirable.
Page 41 - Finally, it is alleged that the company is deprived of its property without due process of law and is denied the equal protection of the law, in violation of the Fourteenth Amendment to the federal Constitution.
Page 180 - Testament in the presence of us who at her request and in her presence and in the presence of each other have subscribed our names as Witnesses thereto...