The Northwestern Reporter, Том 100West Publishing Company, 1904 |
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Страница 14
... paid under the contract . 7. In an action by a national bank upon a usurious contract the statute of limitations ap- plies to a counterclaim , for the usurious in- terest . S. Where the mortgagee has merely a lien on the mortgaged ...
... paid under the contract . 7. In an action by a national bank upon a usurious contract the statute of limitations ap- plies to a counterclaim , for the usurious in- terest . S. Where the mortgagee has merely a lien on the mortgaged ...
Страница 15
... paid the taxes assess- ed thereon for the purpose of protecting its security , according to the terms of the mort- gage , the circuit court erred in adding such taxes to the sum found to be due the plain- tiff . The first contention ...
... paid the taxes assess- ed thereon for the purpose of protecting its security , according to the terms of the mort- gage , the circuit court erred in adding such taxes to the sum found to be due the plain- tiff . The first contention ...
Страница 16
... paid or renewed by Exhibit C and Exhibit D [ notes of July 1 , 1896 ] , Mr. Mc- Carthy was present , but as to whether he figured it up or not I could not say . " If the note of July 22 , 1891 , paid the note of May 22 , 1889 , then the ...
... paid or renewed by Exhibit C and Exhibit D [ notes of July 1 , 1896 ] , Mr. Mc- Carthy was present , but as to whether he figured it up or not I could not say . " If the note of July 22 , 1891 , paid the note of May 22 , 1889 , then the ...
Страница 17
... paid by him ; but there certainly is no preponderance of evidence in favor of Mc- Carthy's theory that he paid large sums into the bank from time to time , to be applied generally upon his indebtedness , and , consid- ering the fact ...
... paid by him ; but there certainly is no preponderance of evidence in favor of Mc- Carthy's theory that he paid large sums into the bank from time to time , to be applied generally upon his indebtedness , and , consid- ering the fact ...
Страница 26
... paid , and when the representatives have been let into joint possession by the surviving partner , we think it very clear that , until the partnership has been thus settled , and all the debts paid , the repre sentatives of the deceased ...
... paid , and when the representatives have been let into joint possession by the surviving partner , we think it very clear that , until the partnership has been thus settled , and all the debts paid , the repre sentatives of the deceased ...
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action affirmed alleged amount Antelope County Appeal from District appellant appellee application authority bank Cass county cause charge Circuit Court claim complaint construction contract contributory negligence counsel creditors damages deceased decree deed defendant defendant's dence district court ditch duty entitled error evidence executed fact fendant filed granted held highway injury Iowa issue Judge judgment July 13 jurisdiction jury land liability lien Melvin Williams ment Minn mortgage motion Nebraska negligence notice opinion owner paid parties payment person petition plain plaintiff plaintiff in error possession premises proceedings prosecution purchase question reason received record recover respondent reversed rule Sarpy county sidewalk South Omaha statute street sufficient Supreme Court sustained Syllabus taxes testimony therein thereof tiff tion township tract trial court verdict witness
Популарни одломци
Страница 247 - For the breach of an obligation arising from contract, the measure of damages, except where otherwise expressly provided by this code, is the amount which will compensate the party aggrieved for all the detriment proximately caused thereby, or which, in the ordinary course of things, would be likely to result therefrom.
Страница 371 - ... warrant a finding of a contract expressed in words." It was thought, however, that the evidence was sufficient to take the case to the jury "on the question of contract implied from the offer of defendant to furnish Carlson with support for life and its acceptance by his going on the land and working as he did.
Страница 159 - An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. § 3. Every other remedy is a special proceeding.
Страница 247 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Страница 103 - The writ of mandamus may be denominated the writ of mandate.— 1873-345. 1085. It may be issued by any court, except a justice's or police court, to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station...
Страница 412 - ... the court erred in refusing to direct a verdict for the defendant below.
Страница 161 - An action upon a liability created by statute, other than a penalty or forfeiture. 2. An action for trespass upon real property. 3. An action for taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property.
Страница 22 - Provided, always, And these presents are upon this express condition, that if the said party of the first part, his heirs, executors, administrators or assigns...
Страница 247 - Where two parties have made a contract, which one of them has broken, the damages which the other party ought to receive In respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally (ie, according to the usual course of things) from such breach of contract Itself...
Страница 312 - Department officials, the plaintiff must recover, if at all, on the strength of his own title, and not upon the weakness of that of the defendant.