The Northeastern Reporter, Volum 22
Includes the decisions of the Supreme Courts of Massachusetts, Ohio, Indiana, and Illinois, and Court of Appeals of New York; May/July 1891-Mar./Apr. 1936, Appellate Court of Indiana; Dec. 1926/Feb. 1927-Mar./Apr. 1936, Courts of Appeals of Ohio.
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action affirmed agreed agreement alleged amount answer appellant appellee apply assignment authority Bank bond building cause charge claim complaint conclusion condition consideration constitute contract corporation costs court damages death debts deed defendant duty effect entered entitled error evidence exceptions executed existence facts filed finding follows further give given grant ground held Insurance intention interest issue Judge judgment jury land liable Mass matter meaning ment mortgage motion N. E. Rep necessary notice opinion owner paid parties payment person plaintiff possession premises presented purchase question Railroad reason received record recover referred relation rule statute street sufficient suit supreme court taken term thereof tion town trial trustee verdict York
Side 236 - ... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a court of law or Of which he might have availed himself at law but was prevented by fraud or accident, unmixed with any fault or See 17 OTTO. i negligence in himself or his agents, will justify ; an application to a court of chancery.
Side 176 - He immediately proceeds to give them a definition of murder in the first degree, and of murder in the second degree as follows, to-wit: "All murder which shall be perpetrated by means of poison, or lying in wait, or by any other kind of willful, deliberate, and premeditated killing, or which shall be committed in the perpetration or attempt to perpetrate any arson, rape, robbery, or burglary, shall be deemed murder of the first degree, and all other kinds of murder shall be deemed murder of the second...
Side 187 - The appellants' argument for a reversal of the judgment, which dismissed their complaint, is that the respondent unlawfully prevented a revocation of the existing will, or a new will from being made by his crime; and that he terminated the enjoyment by the testator of his property and effected his own succession to it by the same crime. They say that to permit the respondent to take the property willed to him would be to permit him to take advantage of his own wrong. To sustain their position, the...
Side 226 - ... the use of general terms, or anything less than a distinct specific agreement, clearly expressed and indorsed on this policy, shall not be construed as a waiver of any printed or written condition, or restriction herein.
Side 330 - Where a court has jurisdiction, it has a right to decide every question which occurs in the cause; and, whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other court : but, if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void.
Side 185 - It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers.
Side 186 - No one shall be permitted to profit by his own fraud, or to take advantage of his own wrong, or to found any claim upon his own iniquity, or to acquire property by his own crime.
Side 49 - The rights of the parties are to be determined by the law of Illinois, but there is no evidence that the common law of Illinois differs from that of Massachusetts. We cannot take notice of the statutes of Illinois, except so far as they are set out in the auditor's report ; and the auditor has set out but one statutory provision of that State, and has found that the parties have not acted in violation of that We are therefore to determine whether the contract between the parties, as the auditor has...