Report of Cases Adjudged in the Superior Court of Cincinnati at Special and General Terms: From Jan. 1858 to Jan. 1860R. Clarke & Company, 1871 |
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Стр. 5
... duty , under all circumstances , to make the reserva- tion - they might exercise the authority or not , as they should deem it just and consistent with the higher claim of the government - the law in which the reservation should be made ...
... duty , under all circumstances , to make the reserva- tion - they might exercise the authority or not , as they should deem it just and consistent with the higher claim of the government - the law in which the reservation should be made ...
Стр. 12
... duty is to be performed or the money paid . We suppose this apparent uncertainty had its origin in the effort to carry too far the doctrine already established in Robinson v . Bland , where Lord Mansfield labored to prove the contract ...
... duty is to be performed or the money paid . We suppose this apparent uncertainty had its origin in the effort to carry too far the doctrine already established in Robinson v . Bland , where Lord Mansfield labored to prove the contract ...
Стр. 19
... duty of the court to explain to her the provisions of the will , her rights under it , and by law , in the event of her refusal to take under the will ; the election of the widow to take under the will shall be entered upon the minutes ...
... duty of the court to explain to her the provisions of the will , her rights under it , and by law , in the event of her refusal to take under the will ; the election of the widow to take under the will shall be entered upon the minutes ...
Стр. 25
... duty of the judge , in case " the widow is unable to make her election , from insanity or imbecility of mind , to appoint some suitable person to ascertain the value of the provision made for her by will , in lieu of the provisions made ...
... duty of the judge , in case " the widow is unable to make her election , from insanity or imbecility of mind , to appoint some suitable person to ascertain the value of the provision made for her by will , in lieu of the provisions made ...
Стр. 31
... duty , either by payment or an offer to pay . The law requires no one to do a vain thing , and when it is evident the person , to whom the offer to per- form is to be made , can not comply with his obligations , but , on the contrary ...
... duty , either by payment or an offer to pay . The law requires no one to do a vain thing , and when it is evident the person , to whom the offer to per- form is to be made , can not comply with his obligations , but , on the contrary ...
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action Adm'r Adolphus H agent agreement alleged amount apply appointed assignment attachment authority averment bill canal cause charge circuit court City of Cincinnati claim commenced construction contract creditors damage debt debtor deed defendant delivered demurrer devise duty entitled equity execution fact fee simple filed furnished garnishee GHOLSON Hamilton county Hartshorne held husband indorsed Insurance and Trust intention interest issue John John Mears judge judgment jurisdiction jury Kilbreth liability lien Logansport ment Mill Creek Township mortgage Nancy Wilson Nicholas Longworth Ohio Life Insurance opinion owner paid parties payment petition plaintiff in error possession premises principle proceedings provision question railroad receiver recover refused rent Richard Mathers rule rule in Shelley's sheriff Smith special term Spinning & Brown statute Steamboat STORER suit surety sustained testator tion Whitewater Canal widow wife Williams writ
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Стр. 592 - 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. 235 - ... 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. 324 - 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. 159 - 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. 380 - 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. 302 - ... 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. 450 - ... but she shall not be entitled to both, unless it plainly appears by the will to have been so intended by the testator.
Стр. 226 - 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. 41 - 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.