The Northeastern Reporter, Volume 57
West Publishing Company, 1900 - Law reports, digests, etc
Includes the decisions of the Supreme Courts of Massachusetts, Ohio, Indiana, and Illinois, and Court of Appeals of New York; May/July 1891-Mar./Apr. 1936, Appellate Court of Indiana; Dec. 1926/Feb. 1927-Mar./Apr. 1936, Courts of Appeals of Ohio.
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according action affirmed alleged allowed amended amount answer appellant appellee application appointment assessment assignment authority bank benefits bill bonds cause charge claim common complaint condition constitution construction contract corporation cost council court damages decree deed defendant directed duty effect error evidence exceptions execution facts favor filed finding follows further give given ground held improvement instruction Insurance intended interest issue Judge judgment jury land liability Mass matter meaning ment motion necessary notice objection Ohio overruled owner paid party payment person petition plaintiff possession present proceedings question Railroad reason received record recover reference relator reversed rule statute street sufficient taken term thereof tion town trial trustee witness
Page 89 - Appointments and promotions in the civil service of the State, and of all the civil divisions thereof, including cities and villages, shall be made according to merit and fitness to be ascertained, so far as practicable, by examinations, which, so far as practicable, shall be competitive...
Page 44 - If, therefore, a statute purporting to have been enacted to protect the public health, the public morals, or the public safety, has no real or substantial relation to those objects, or is a palpable invasion of rights secured by the fundamental law, it is the duty of the Courts to so adjudge, and thereby give effect to the Constitution.
Page 89 - ... that honorably discharged soldiers and sailors from the army and navy of the United States in the late civil war, who are citizens and residents of this state, shall be entitled to preference in appointment and promotion, without regard to their standing on any list from which such appointment or promotion may be made. Laws shall be made to provide for the enforcement of this section.
Page 168 - The time within which an act is to be done, as herein provided, shall be computed by excluding the first day, and including the last. If the last day be Sunday, it shall be excluded.
Page 23 - Incorporating cities, towns or villages, or changing or amending the charter of any town, city or village...
Page 33 - But a mere intruder cannot enter on a person actually seized and eject him, and then question his title or set up an outstanding title in another. The maxim that the plaintiff must recover on the strength of his own title, and not on the weakness of the defendant's, is applicable to all actions for the recovery of property. But if the plaintiff had actual prior possession of the land, this is strong enough to enable him to recover it from a mere trespasser who entered without any title.
Page 45 - The privileges and immunities of citizens of the United States are those which arise out of the nature and essential character of the national government, the provisions of its Constitution, or its laws and treaties made in pursuance thereof; and it is these which are placed under the protection of Congress by this clause of the fourteenth amendment.
Page 205 - But it may be asserted broadly that if, in any negotiations or transactions with the insured, after knowledge of the forfeiture, it recognizes the continued validity of the policy, or does acts based thereon, or requires the insured by virtue thereof to do some act or incur some trouble or expense, the forfeiture is as matter of law waived, and it is now settled in this court, after some difference of opinion, that such a waiver need not be based upon any new agreement or an estoppel.
Page 307 - Private roads may be opened in the manner to be prescribed by law ; but in every case the necessity of the road and the amount of all damage to be sustained by the opening thereof shall be first determined by a jury of freeholders, and such amount, together with the expenses of the proceeding, shall be paid by the person to be benefited.
Page 42 - Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that liberty ; and in all trials for libel, both civil and criminal, the truth, when published with good motives and for justifiable ends, shall be a sufficient defense.