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action affirmed agreed agreement alleged allowed amount answer appeal application assessment authority bank building cause charge claim Code complaint conclusion condition construction contended contract corporation counsel damages deed defendant denied determined directed district court effect entered entitled error evidence executed fact filed follows further give given ground held injury instruction intent interest Iowa issue Judge judgment jury justice land material matter ment Michigan mortgage motion necessary notice objection opinion owner paid parties payment person petition plain plaintiff possession present proceedings purchase question reason received record recover reference relator rendered reversed rule statute street sufficient suit Supreme Court sustained taken testimony thereof tion trial trial court wife witness
Side 312 - Where the variance Is not material, as provided in the last section, the Court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs.
Side 11 - ... or their privies; and even if the second suit is for a different cause of action, the right, question or fact once so determined must, as between the same parties or their privies, be taken as conclusively established, so long as the judgment in the first suit remains unmodified.
Side 304 - ... 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; 2.
Side 197 - The present capacity of taking effect in possession, if the possession were to become vacant, and not the certainty that the possession will become vacant before the estate limited in remainder determines, universally distinguishes a vested remainder from one that is contingent.
Side 3 - The general assembly shall provide such revenue as may be needful by levying a tax, by valuation, so that every person and corporation shall pay a tax in proportion to the value of his, her or its property...
Side 46 - The following contracts are invalid, unless the same, or some note or memorandum thereof, be in writing and subscribed by the party to be charged, or by his agent : 1. An agreement that by its terms is not to be performcQ within a year from the making thereof ; 2.
Side 302 - ... the workman, or in case the injury results in death, the legal personal representatives of the workman, and any persons entitled in case of death, shall have the same right of compensation and remedies against the employer as if the workman had not been a workman of nor in the service of the employer, nor engaged in his work.
Side 91 - States or given aid and comfort to its enemies, and that such application is made for his or her exclusive use and benefit, and that said entry is made for the purpose of actual settlement and cultivation, and not either directly or indirectly for the use or benefit of any other person...
Side 153 - It would be dangerous, indeed, to carry the principle that a case which is within the reason or mischief of a statute, is within its provisions so far as to punish a crime not enumerated in the statute, because it is of equal atrocity, or of kindred character, with those which are enumerated.