Report of Cases Adjudged in the Superior Court of Cincinnati at Special and General Terms: From Jan. 1858 to Jan. 1860

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R. Clarke & Company, 1871
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Стр. 594 - 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. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Стр. 22 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Стр. 237 - ... shall reside, well and faithfully to execute and perform all the duties of such commissioner, under and by virtue of the laws of the State of New York...
Стр. 326 - And we do not see how a better test can be applied to the question, whether reasonable or not, than by considering whether the restraint is such only as to afford a fair protection to the interests of the party in favour of whom it is given, and not so large as to interfere with the interests of the public.
Стр. 161 - If any illegitimate child shall die intestate, without lawful issue, his estate shall descend to his mother; if she be dead, it shall descend to the relatives of the intestate on the part of the mother, as if the intestate had been legitimate.
Стр. 382 - Judgment, till reversed, is regarded as binding in every other court; and that, where the jurisdiction of a court and the right of a plaintiff to prosecute his suit in it have once attached, that right cannot be arrested or taken away by proceedings in another court.
Стр. 304 - ... there can be no doubt that if the agents employed conduct themselves fraudulently, so that if they had been acting for private employers the persons for whom they were acting would have been affected by their fraud, the same principles must prevail where the principal under whom the agent acts is a corporation.
Стр. 452 - ... but she shall not be entitled to both, unless it plainly appears by the will to have been so intended by the testator.
Стр. 228 - The statute of this state provides that "no deed of trust or mortgage, conveying a legal or equitable title, to real or personal estate, shall be valid against a purchaser for a valuable consideration, without notice thereof, or against creditors, until such deed shall be acknowledged or proved according to law, and lodged for record.
Стр. 43 - Plumer observes, that, although the nature' of the husband's interest in, and power over, his wife's outstanding personal chattels is peculiar, yet the law defines it in the clearest manner. " Marriage," he says, "is only a qualified gift to the husband of the wife's choses in action upon condition that he reduce them into possession during its continuance.

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