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action agent agreed agreement alleged allowed amount answer appear applied attorney authority bank bill bond brought cause charge claim Cleveland common consideration constitute construction contract corporation County damages debt decision defendant District Court duty effect election entitled error evidence execution fact filed follows further give given granted ground held injury intent interest issue John Judge judgment jury justice land liability March matter means ment mortgage Motion necessary notice objection Ohio opinion owner paid party passed payment person petition plaintiff pleas possession present principle proceedings prosecution purchase question railroad reason received record recover refused relation rendered respect reversed road rule statute suit Supreme Court taken term tion trial wife witness
Page 184 - In case the greater rate of interest has been paid, the person by whom it has been paid, or his legal representatives, may recover back, in an action in the nature of an action of debt, twice the amount of the interest thus paid from the association taking or receiving the same ; provided such action is commenced within two years from the time the usurious transaction occurred.
Page 83 - Patience and gravity of hearing is an essential part of justice; and an overspeaking judge is no well-tuned cymbal. It is no grace to a judge first to find that which he might have heard in due time from the bar; or to show quickness of conceit in cutting off evidence or counsel too short; or to prevent information by questions, though pertinent.
Page 158 - ... beyond a reasonable doubt. "What is reasonable doubt?" Shaw asked.55 It is a term often used, probably pretty well understood, but not easily denned. It is not mere possible doubt; because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding...
Page 416 - ... the owner, irrespective of any benefit from any improvement proposed by such corporation...
Page 377 - 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...
Page 84 - I said, there was a society of men among us, bred up from their youth in the art of proving by words multiplied for the purpose, that white is black, and black is white, according as they are paid.
Page 92 - Of Law there can be no less acknowledged, than that her seat is the bosom of God, her voice the harmony of the world : all things in heaven and earth do her homage, the very least as feeling her care, and the greatest as not exempted from her power : both Angels and Men, and creatures of what condition soever, though each in different sort and manner, yet all, with uniform consent, admiring her as the Mother of their peace and joy.
Page 370 - Certainly, in the granting of injunctions, which is not a matter of right, but rests in the sound discretion of the court...