Reports of Cases Argued and Determined in the Ohio Circuit Courts...: Ohio Circuit Decisions, Volume 11Laning printing Company, 1901 |
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Common terms and phrases
alleged amount answer appears authority averment bill of exceptions bond cause of action charge Circ claim common pleas contract contributory negligence corporation council counsel court of common court of equity Cranker creditors Cuyahoga Circuit Court damages deceased deed defective defendant in error demurrer duty election entitled evidence executor fact filed Hamilton Circuit Court HEARD ON ERROR held injury issue judge judgment jurisdiction jury Kerlin land liability Lucas Circuit Court Lucas county Mahoning Valley Railway matter ment mortgage motion municipal municipal corporation negligence Ohio St opinion ordinance owner paid parties payment person petition plaintiff in error probate court proceedings proper purpose question railroad company railway company reason received record recover rule Stat statute street suit Supreme Court testator testified testimony thereof tion Toledo train trial trustee verdict Walbridge witness
Popular passages
Page 83 - 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 declared objects and purposes of the corporation — not simply convenient but indispensable. Any fair reasonable doubt concerning the existence of power is resolved by the courts against the corporation...
Page 205 - 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 170 - It is mutually agreed, as to each carrier of all or any of said property over all or any portion of said route to destination, and as to each party at any time interested in all or any of said property, that every service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, including the conditions on back hereof, which are hereby agreed to by the shipper and accepted for himself and his assigns.
Page 99 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 265 - ... all words, whether they be in deeds or statutes or otherwise, if they be general and not express and precise, shall be restrained unto the fitness of the matter and the person.
Page 360 - All property whether real or personal in this State, and whether belonging to individuals or corporations; and all moneys, credits, investments in bonds, stocks, or otherwise, of persons residing in this State, shall be subject to taxation, except only such as may be expressly exempted therefrom; and such property, moneys, credits, and investments shall be entered on the list of taxable property as prescribed in this title.
Page 343 - ... acquire and convey at pleasure, all such real and personal estate as may be necessary and convenient to carry into effect the objects of the incorporation...
Page 100 - An action may be brought by any person in possession, by himself or his tenant of real property, against any person who claims an estate or interest therein adverse to him. for the purpose of determining such adverse claim, estate or interest.
Page 714 - That the power of the several courts of the United States to issue attachments and inflict summary punishments for contempts of court, shall not be construed to extend to any cases except the misbehavior of any person or persons in the presence of the said courts, or so near thereto as to obstruct the ^administration of justice...
Page 714 - Any court in which an action is pending, or a judge thereof may, upon notice, order either party to give to the other, within a specified time, an inspection and copy, or permission to take a copy, of...