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action affirmed alleged amendment amount answer appeal apply assessment assignment authority cause charge charter claim complaint conclusion condition consideration considered constitution construction contract corporation counsel damages decision defendant defendant's denying determine direct district court duty effect entered entitled error evidence exercise fact favor findings follows further give given granted ground held hold injury intent interest issue judgment jury land limited matter Minn mortgage motion necessary negligence notice objection owner paid parties Paul payment person plaintiff possession premises presented proceedings proper question reason received record recover reference refused relation Reported in 84 respect respondent rule served statute streets sufficient supra sustained thereof tion train trial court verdict
Page 223 - If thus regarded the words embody a definite meaning, which involves no absurdity, and no contradiction between different parts of the same writing, then that meaning apparent on the face of the' instrument is the one which alone we are at liberty to say was intended to be conveyed.
Page 348 - A party to the record of any civil action or proceeding or a person for whose immediate benefit such action or proceeding is prosecuted or defended, or the directors, officers, superintendent, or managing agent of any corporation which is a party to the record, may be examined by the adverse party as if under crossexamination, subject to the rules applicable to the examination of other witnesses.
Page 344 - Suits by the trustee shall only be brought or prosecuted in the courts where the bankrupt, whose estate is being administered by such trustee, might have brought or prosecuted them if proceedings in bankruptcy had not been instituted, unless by consent of the proposed defendant, except suits for the recovery of property under section sixty, sub-division b, and section sixty-seven, subdivision e.
Page 139 - That the act or omission charged as the offense, is stated with such a degree of certainty as to enable the court to pronounce judgment upon a conviction, according to the right of the case.
Page 497 - ... of negligence on the part of the defendant which was the proximate cause of the collision.
Page 31 - We are of the opinion that the evidence was sufficient to sustain the finding of the trial court...
Page 353 - No question is raised but that the evidence was sufficient to take the case to the jury on the question of...
Page 379 - ... time the deeds were made. Considering these facts, with all of the circumstances surrounding the parties, a court would not be justified in concluding that possibly some other city of Calexico, some other county of Imperial, in some other location in the United States, were intended to be designated. The findings of the court are not sustained by the evidence. The judgment is reversed.
Page 348 - ... as if under cross-examination, at the instance of the adverse party, or any of them, and for that purpose may be compelled, in the same manner, and subject to the same rules for examination as any other witness, to testify; but the party calling for such examination shall not be concluded thereby, but may rebut it by counter testimony.
Page 361 - Or, to state it differently, though not so well, the true practical limitation of the legislative power to classify is that the classification shall be upon some apparent natural reason — some reason suggested by necessity, by such a difference in the situation and circumstances of the subjects placed in different classes as suggests the necessity or propriety of different legislation with respect to them.