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affirmed alleged amendment amount Appeal from District appellee assessment authority bank cause of action Cent certificate charge circuit court claim Code commissioner complaint contention contract contributory negligence corporation counsel damages decree deed defendant defendant's demurrer deposit account district court ditch duty easement elaterite election entitled error estoppel evidence executed fact favor fendant filed foreclosure granted held hoisting devices Iowa issue Judge judgment jurisdiction jury land liquor machine ment Minn mortgage negligence Note.—For notice opinion owner paid parties payment peremptory challenges person petition plain plaintiff pleaded Portage Lake possession premises probate proceedings purchase purpose question quitclaim deed railroad reason record recover respondent rule Sioux City South Dakota statute Supreme Court testator testified testimony therein thereof tiff tion trial court verdict void wife witness
Side 373 - ... 1. A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Side 313 - All laws of a general nature shall have a uniform operation; the General Assembly shall not grant to any citizen or class of citizens, privileges or immunities, which upon the same terms shall not equally belong to all citizens.
Side 278 - ... must be filled up strictly !n accordance with the authority given, and within a reasonable time. But if any such instrument, after completion, is negotiated to a holder in due course, it is valid and effectual for all purposes in his hands, and he may enforce it as if it had been filled up strictly in accordance with the authority...
Side 269 - Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title Of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as a holder in due course.
Side 138 - All patents granted, or preemption or homesteads allowed, shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or recognized by the preceding section.
Side 278 - But if any such instrument, after completion, is negotiated to a holder in due course, it is valid and effectual for all purposes in his hands, and he may enforce it as if it had been filled up strictly in accordance with the authority given and within a reasonable time.
Side 386 - ... although the death shall have been caused under such circumstances as amount in law to felony.
Side 432 - If at any time there shall be evidence of any lien or claim for which, if established, the Owner of the said premises might become liable, and which is chargeable to the Contractor, the Owner shall have the right to retain out of any payment then due or thereafter to become due an amount sufficient to completely indemnify him against such lien or claim.
Side 138 - Whenever, by priority of possession, rights to the use of water for mining, agricultural, manufacturing or other purposes, have vested and accrued, and the same are recognized and acknowledged by the local customs, laws and decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same...