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Reports of Cases in Law and Equity, Determined in the Supreme ..., Volum 56
Iowa. Supreme Court
Uten tilgangsbegrensning - 1882
Reports of Cases in Law and Equity, Determined in the Supreme ..., Volum 58
Iowa. Supreme Court
Uten tilgangsbegrensning - 1883
Reports of Cases in Law and Equity, Determined in the Supreme ..., Volum 20
Iowa. Supreme Court
Uten tilgangsbegrensning - 1880
action admitted adverse possession Affirmed agent agreement alleged allowed amount answer appeal appellee apply assignment authority Bank cause charged circuit claim constitution construction contract conveyed corporation damages DECEMBER deed defendant demurrer determine direct district court effect entered error evidence execution exercise facts filed further give given ground held hold instructions Insurance interest Iowa issue judge judgment jurisdiction jury justice knowledge land levy limits lots ment mortgage motion necessary notice objection obtained officers opinion owner paid party payment person petition plaintiff pleading possession presented proceedings proof proper prove purchase question railroad reason received record recover referred refused rendered Reversed Revision road rule shown Smith sold statute sufficient sustained taken term testimony thereof tion trial verdict wife witness
Side 208 - ... as by the known usage of trade or the like, acquired a peculiar sense distinct from the popular sense of the same words; or unless the context evidently points out that they must, in the particular instance and in order to effectuate the immediate intention of the parties to that contract, be understood in some other special and peculiar sense.
Side 562 - 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 134 - SECTION 21. And be it further enacted, That, in order to avoid misconstruction, it is hereby declared to be the true intent and meaning of this act, so far as the question of slavery is concerned, to carry into practical operation the following propositions and principles, established by the compromise measures of 1850, to wit:
Side 17 - This enumeration of rights shall not be construed to impair or deny others retained by the people ; and all powers, not herein delegated, remain with the people.
Side 234 - A retrospective statute affecting and changing vested rights is very generally considered in this country as founded on unconstitutional principles, and consequently inoperative and void. But this doctrine is not understood to apply to remedial statutes which may be of a retrospective nature, provided they do not impair contracts or disturb absolute vested rights, and only go to confirm rights already existing, and in furtherance of the remedy, by curing defects and adding to the means of enforcing...
Side 21 - But if the public interest can be in any way promoted by the taking of private property, it must rest in the wisdom of the legislature to determine whether the benefit to the public will be of sufficient importance to render it expedient for them to exercise the right of eminent domain, and to authorize an interference with the private rights of individuals for that purpose (2 Kent's Com.
Side 17 - The courts are not the guardians of the rights of the people of the state, except as those rights are secured by some constitutional provision which comes within the judicial cognizance.
Side 270 - Court of a motion for a new trial, based upon the ground that the verdict is not supported by the evidence.
Side 327 - Private property shall not be taken for public use without just compensation first being made, or secured to be made, to the owner thereof, as soon as the damages shall be assessed by a jury, who shall not take into consideration any advantages that may result to said owner on account of the improvement for which it is taken.