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action affirmed alleged amount answer appeal application assignment authority bank cause charge claim Code complaint consideration considered constitution contract corporation counsel court creditors damages deed defendant denying determine direct district court effect election entered entitled error evidence execution existence fact filed follows further give given grant ground held instruction interest issue judge judgment jury land lien lots matter ment mortgage motion necessary notice objection opinion owner paid party payment person petition plaintiff possession present prior proceedings purchase question reason received record recover reference refused relator respondent reversed rule statement statute street sufficient suit superior Supreme Court sustained taken testimony thereof tion trial true trust witness writ
Side 29 - Every act shall embrace but one subject and matters properly connected therewith ; which subject shall be expressed in the title. But if any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
Side 14 - it is undoubtedly settled law that a judgment of a court of competent jurisdiction upon a question directly involved in one suit is conclusive as to that question in another suit between the same parties. But to this operation of the judgment it must appear, either upon the face of the record or be shown by extrinsic evidence, that the precise question was raised and determined in the former suit.
Side 340 - It is ordered by the Court, that the Clerk of the Court to which any writ of error shall be directed, may make return of the same by transmitting a true copy of the record, and of all proceedings in the same, under his hand and the seal of the Court
Side 211 - An officer de facto is one whose acts, though not those of a lawful officer, the law, upon principles of policy and justice, will hold valid so far as they involve the interests of the public and third persons, where the duties of the office were exercised : First.
Side 177 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Side 313 - A licensed physician or surgeon cannot without the consent of his patient, be examined in a civil action as to any information acquired in attending the patient, which was necessary to enable him to prescribe or act for the patient...
Side 312 - That a witness false in one part of his testimony is to be distrusted in others; 4.
Side 131 - The parties to a contract may agree therein upon an amount which shall be presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage.
Side 427 - No person shall be excused from attending and testifying or from producing books, papers, tariffs, contracts, agreements, and documents before the Interstate Commerce Commission, or in obedience to the subpoena of the Commission, whether such subpoena be signed or issued by one or more commissioners, or in any cause or proceeding, criminal or otherwise, based upon or growing out of any alleged violation of...
Side 9 - If the appeal be from a judgment or order directing the payment of money, it does not stay the execution of the judgment or order, unless a written undertaking be executed on the part of the appellant, by two or more sureties, to the effect that they are bound in double the amount named in the judgment or order...