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" The judgment should be reversed with costs, and a new trial granted. "
Michigan Reports: Cases Decided in the Supreme Court of Michigan - Side 618
av Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1890
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The New York Supplement, Volum 87

1904 - 1262 sider
...appeal to sustain the decision made by the trial judge, which dismisses this complaint upon the merits. The judgment should be reversed, with costs, and a new trial granted, with costs to the appellants to abide the event, which will give to the trustee an opportunity to have...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1890 - 768 sider
...is no covenant or condition against using one or iBorder. more tracks for any legitimate purpose, so long as the roadways and crossings and drainage are...should be reversed with costs, and a new trial granted. CHAMPLIN, J., concurred. Conditional Conveyance of Right of Way^ — See Donisthorpe v. Fremont, etc.,...
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The Northwestern Reporter, Volum 44

1890 - 1292 sider
...adequate. There is no covenant or condition against using one or more tracks for any legitimate purpose, so long as the roadways and crossings and drainage are...not forfeited. The judgment should be reversed with cost«, and a new trial granted. Гил \ii'i.¡.4. J., concurred. MESSMORE v. CUNNINGHAM et a/. (Supreme...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volum 8

West Virginia. Supreme Court of Appeals - 1891 - 858 sider
...Quincy street house; and the court erred in refusing to permit the defendant to introduce the proof. The judgment should be reversed, with costs, and a new trial granted. Haymond, President, and Hoffman, Judge, concurred. JUDGMENT REVEHSED AND NEW TRIAL GRANTED. WHEELING,...
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American Cases on Contract: Arranged in Accordance with the Analysis of ...

Ernest Wilson Huffcut, Edwin Hamlin Woodruff - 1894 - 762 sider
...existence of legal consideration, and whether the defense of duress was compatible with admitted facts. The judgment should be reversed with costs and a new trial granted. The other Justices concurred.1 LINGENFELDER et al. Executors v. WAINWRIGHT BREWING CO. 103 MISSOURI,...
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Reports of Cases Heard and Determined in the Supreme ..., Volum 81;Volum 88

Marcus Tullius Hun, New York (State). Supreme Court - 1894 - 762 sider
...should not sever the bond. It was over eight years after the marriage that the complaint was made. The judgment should be reversed, with costs, and a new trial granted. SECOND DEPARTMENT, DKCEMBEK TERM, 1893. [Vol. 74. jaapsis) JOHN J. TREANOR and Others, as Commissioners,...
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Engineering Law, Volum 1

Alexander Haring - 1910 - 542 sider
...existence of legal consideration, and whether the defense of duress was compatible with admitted facts. The judgment should be reversed with costs and a new trial granted. The other Justices concurred.84 LINGENFELDER et al. EXECUTORS v. WAINWRIGHT BREWING CO. 103 MISSOUEI,...
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Reports of Cases Heard and Determined in the Appellate Division ..., Volum 200

New York (State). Supreme Court. Appellate Division - 1922 - 1050 sider
...defendant was liable under the authorities cited. The complaint was, therefore, improperly dismissed and the judgment should be reversed, with costs, and a new trial granted, with costs to appellant to abide the event. DOWLING, LAUGHLIN, MERRELL and GREENBAUM, JJ., concur....
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Selected Cases on the Law of Contracts

Ernest Wilson Huffcut, Edwin Hamlin Woodruff - 1925 - 872 sider
...existence of legal consideration, and whether the defense of duress was compatible with admitted facts. The judgment should be reversed with costs and a new trial granted. The other Justices concurred. 1 1 In Rollins v. Marsh, 128 Mass. 116, the court said: "The parties...
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