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action affirmed alleged amount answer appear applied assigned attachment authority bill bond Bridge brought cause charge Charles claim clerk Code Company complainant consideration considered constitution contract convey creditors damages decree deed defendant determine District Court dollars effect entered entitled entry equity error evidence exceptions execution facts filed further George give given ground held Hughes hundred Hurford indictment interest issued John Jones judge judgment jury land legislature matter ment mill mortgage motion Nebraska notice objection Ohio Omaha opinion Otoe paid parties payment performance person petition plaintiff possession premises presented proceedings provisions Pundt purchase question reason received record recovered Redick refused rendered reversed rule says sheriff Smiley sold statute sufficient suit sustained taken term thereof tion took town tract trial verdict warrants witnesses
Стр. 303 - An order affecting a substantial right in an action, when such order in effect determines the action and prevents a judgment, and' an order affecting a substantial right made in a special proceeding, or upon a summary application in an action after judgment, is a final order which may be vacated, modified or reversed, as provided in this title.
Стр. 457 - All deeds, mortgages and other instruments of writing which are authorized to be recorded, shall take effect and be in force from and after the time of filing the same for record, and not before, as to all creditors and subsequent purchasers, without notice; and all such deeds and title papers shall be adjudged void as to all such creditors and subsequent purchasers, without notice, until the same shall be filed for record.
Стр. 201 - In all cases where the property has been delivered to the plaintiff, unless the jury shall find for the defendant, they shall also find whether the defend. ant had the right of property or the right of possession only, at the commencement of the suit; and if they find either in his favor, they shall assess such damages as they think right and proper for the defendant, for which, with costs of suit, the court shall render judgment for the defendant.
Стр. 320 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted.
Стр. 290 - BEFORE we conclude the doctrine of remainders and reversions, it may be proper to observe, that whenever a greater estate and a less coincide and meet in one and the same person, without any intermediate estate y, the less is immediately annihilated; or, in the law phrase, is said to be merged, that is, sunk or drowned in the greater.
Стр. 211 - ... the said party of the second part, that the said party of the second part...
Стр. 163 - A new trial shall not be granted on account of the smallness of damages in an action for an injury to the person or reputation, nor in any other action, where the damages shall equal the actual pecuniary injury sustained.
Стр. 212 - And the said party of the first part for himself his heirs executors and administrators...
Стр. 28 - The constitution, by authorizing the appropriation of private property to public use, impliedly declares that for any other use private property shall not be taken from one and applied to the private use of another. It is in violation of natural right ; and if it is not in violation of the letter of the constitution, it is of its spirit, and cannot be supported.