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action agreement alleged allowed amended amount answer appeal applied assignment authorities Barb benefit brought building cause Central charge citing claim Code complaint condition consideration Continuing contract corporation costs court damages debts defendant defendant's determined direct easements effect elevator enforce entered entitled equity evidence examination fact follows foreclosure give given granted ground held hold injury intent interest issue judge judgment land liability lien Matter ment Misc mortgage motion nature negligence notice objection opinion owner paid party payment performance person plaintiff premises privilege proceedings provisions purchase question railroad reason received recover reference refused rents respect rule secure statute street subsequent suit Super Supply taken Term tion town trial trust witness York
Sivu 95 - ... to the rights of a riparian proprietor whose land is bounded by a navigable stream ; and among those rights are access to the navigable part of the river from the front of his lot, the right to make a landing, wharf or pier for his own use or for the use of the public, subject to such general rules and regulations as the legislature may see proper to impose for the protection of the rights of the public, whatever those may be.
Sivu 56 - The testimony of any witness may be taken in any civil cause depending in a district or circuit court by deposition de bene esse, when the witness lives at a greater distance from the place of trial than one hundred miles, or is bound on a voyage to sea, or is about to go out of the United States...
Sivu 210 - In an action for libel or slander, it shall not be necessary to state in the complaint any extrinsic facts for the purpose of showing the application to the plaintiff of the defamatory matter out of which the cause of action arose ; but it shall be sufficient to state generally, that the same was published or spoken concerning the plaintiff; and if such allegation be controverted, the plaintiff shall establish on the trial that it was so published or spoken.
Sivu 96 - It is a title held in trust for the people of the State that they may enjoy the navigation of the waters, carry on commerce over them, and have liberty of fishing therein freed from the obstruction or interference of private parties.
Sivu 365 - The primary cause may be the proximate cause of a disaster, though it may operate through successive instruments, as an article at the end of a chain may be moved by a force applied to the other end, that force being the proximate cause of the movement, or as in the oft-cited case of the squib thrown in the market place.
Sivu 366 - In the nature of things there is in every transaction a succession of events, more or less dependent upon those preceding, and it is the province of the jury to look at this succession of events or facts and ascertain whether they are naturally and probably connected with each other by a continuous sequence, or are dissevered by new and independent agencies, and this must be determined in view of the circumstances existing at the time.
Sivu 365 - We do not say that even the natural and probable consequences of a wrongful act or omission are in all cases to be chargeable to the misfeasance or nonfeasance. They are not when there is a sufficient and independent cause operating between the wrong and the injury.
Sivu 438 - Unless the buyer shall accept and receive part of such goods, or the evidences, or some of them, of such things in action ; or, — 3. Unless the buyer shall at the time, pay some part of the purchase money.
Sivu 293 - ... 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action ; or, 2. That the plaintiff has not legal capacity to sue ; or, 3. That there is another action pending between the same parties for the same cause ; or, 4.
Sivu 171 - A mere stranger cannot intervene and claim by .action the benefit of a contract by other parties. There must be either a new consideration or some prior right or claim against one of the contracting parties, by which he has a legal interest in the performance of the agreement...