Reports of Cases in Law and Equity, Determined in the Supreme Court of the State of Iowa, Volum 30E. W. Stephens, 1872 |
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Vanlige uttrykk og setninger
action admission adverse possession Affirmed agent alleged amount answer appellant's appellee application assessed assigned authority averred Bank Board of Supervisors circuit court claim constitution contract conveyed corporation court of equity damages deceased DECEMBER DECEMBER 14 DECEMBER 23 decree deed defendant appeals defendant's demurrer district court dower Dubuque easement eminent domain equity error evidence execution fact filed Fort Madison ground heirs held indorsement injury instructions interest Iowa issued JANUARY 27 John Latham judge judgment jurisdiction jury justice land levy liable lots ment mortgage motion negligence notice objection opinion overruled owner party payment petition plaintiff plaintiff appeals pleading Polk County possession proceedings promissory note purchase question railroad company record recover refused rendered Revision rule Scott county Smith sold statute Supervisors of Polk sustained term testimony thereof tion township trial verdict Wapello county witness
Populære avsnitt
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.
Side 160 - Receiver cannot be appointed ex parte before the defendant has had an opportunity to be heard in relation to his rights...