The Northwestern Reporter, Volume 100West Publishing Company, 1904 |
Outras edições - Ver tudo
Palavras e frases frequentes
action affirmed alleged amount Antelope County Appeal from District appellant appellee application authority bank Cass county cause charge Circuit Court claim complaint construction contract contributory negligence counsel creditors damages deceased decree deed defendant defendant's dence district court ditch duty entitled error evidence executed fact fendant filed granted held highway injury Iowa issue Judge judgment July 13 jurisdiction jury land liability lien Melvin Williams ment Minn mortgage motion Nebraska negligence notice opinion owner paid parties payment person petition plain plaintiff plaintiff in error possession premises proceedings prosecution purchase question reason received record recover respondent reversed rule Sarpy county sidewalk South Omaha statute street sufficient Supreme Court sustained Syllabus taxes testimony therein thereof tiff tion township tract trial court verdict witness
Passagens conhecidas
Página 247 - For the breach of an obligation arising from contract, the measure of damages, except where otherwise expressly provided by this code, is the amount which will compensate the party aggrieved for all the detriment proximately caused thereby, or which, in the ordinary course of things, would be likely to result therefrom.
Página 371 - ... warrant a finding of a contract expressed in words." It was thought, however, that the evidence was sufficient to take the case to the jury "on the question of contract implied from the offer of defendant to furnish Carlson with support for life and its acceptance by his going on the land and working as he did.
Página 159 - An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. § 3. Every other remedy is a special proceeding.
Página 247 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Página 103 - The writ of mandamus may be denominated the writ of mandate.— 1873-345. 1085. It may be issued by any court, except a justice's or police court, to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station...
Página 412 - ... the court erred in refusing to direct a verdict for the defendant below.
Página 161 - An action upon a liability created by statute, other than a penalty or forfeiture. 2. An action for trespass upon real property. 3. An action for taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property.
Página 22 - Provided, always, And these presents are upon this express condition, that if the said party of the first part, his heirs, executors, administrators or assigns...
Página 247 - Where two parties have made a contract, which one of them has broken, the damages which the other party ought to receive In respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally (ie, according to the usual course of things) from such breach of contract Itself...
Página 312 - Department officials, the plaintiff must recover, if at all, on the strength of his own title, and not upon the weakness of that of the defendant.