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Reports of Cases Argued and Determined in the Superior Court of ..., Volum 40
Samuel Jones,James Clark Spencer
Uten tilgangsbegrensning - 1876
adverse possession affidavit agreement alimony alleged allowed amendment amount Appellant's points applied appointed arbitrator assessment attorney August Belmont baggage Bank Barb bill cause of action cents certificate certificate of deposit charge checks claim commissioners common law complaint contract corporation counsel damages decision defendant defendant's delivered dismissed dividends duty entitled equity evidence exception facts fendants Freedman George Opdyke Grand Trunk Railway ground held hundred dollars indorsed interest issue judge judgment July 16 jurisdiction jury land lease liable lien March 27 ment Michigan Southern Monell motion Northern Indiana Railroad Opdyke Opinion owner paid parties payment person plaintiff pleadings premises proceedings proof question received recover reference respondent rule Sedgwick Sheridan special term Speir Statement statute sufficient supreme court taken testified testimony thereof thousand dollars tiff tion trial usury verdict Vorst witness Woolley York
Side 71 - When private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the State, shall be ascertained by a jury or by not less than three commissioners appointed by a court of record, as shall be prescribed by law.
Side 272 - ... shall be jointly and severally liable for all the debts of the company then existing, and for all that shall be thereafter contracted...
Side 564 - It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debt by such municipal corporations...
Side 137 - In case of the death, or other disability, of a party, the court, on motion, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
Side 537 - To render an appeal effectual for any purpose, in any case, a written undertaking shall be executed on the part of the appellant, by at least two sureties...
Side 568 - Private roads may be opened in. the manner to be prescribed by law ; but in every case the necessity of the road and the amount of all damage to be sustained by the opening thereof shall be first determined by a jury of freeholders, and such amount, together with the expenses of the proceeding, shall be paid by the person to be benefited.
Side 537 - ... the appellant will pay the amount directed to be paid by the judgment, or the part of such amount as to which the judgment shall be affirmed, if it be affirmed only in part, and all damages which shall be awarded against the appellant upon the appeal.
Side 368 - Generally, no contract can be rescinded by one of the parties, unless both can be restored to the condition in which they were before the contract was made.
Side 142 - The drawee of a bill is held bound to know the hand writing of his correspondent, the drawer ; and if he accepts or pays a bill in the hands of a bona fide holder for value, he is concluded by the act, although the bill turns out to be a forgery. If he has accepted he must pay, and if he has paid he cannot recover the money back. This is an exception to the general rule, that money paid under a mistake of fact may be recovered back. The exception is fully established.