Reports of Cases Argued and Adjudged in the Superior Court of Cincinnati in 1854-1855 [-1856], Volumes 1-2R. Clarke & Company, 1877 - Law reports, digests, etc |
Common terms and phrases
alleged amount answer appears apply assessment assignment authority Bank of Cincinnati bill bill of exchange boat cause of action charge city of Cincinnati claim common law contract corporation court of equity creditors damages debt debtor decided decision defendant delivered demurrer Ellis & Morton entitled equity execution fact filed garnishees GHOLSON given ground Hamilton county held indorsed injury insured interest judge judgment jurisdiction jury justice Kentucky Trust Company liable lien matter ment mortgage motion notice Ohio St opinion order of attachment owner paid parties payment person petition in error plaintiff plaintiff in error plea possession premises present principle proceedings promissory note proper purchase question received recover remedy rendered replevin rule service of process set-off sheriff special term statute Steamboat STORER street sufficient sustained thereof tion transfer trial usurious wife
Popular passages
Page 169 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect, or by inserting other allegations material to the case, or, when the amendment does not change substantially the claim or defense, by conforming the pleading or proceeding to the facts proved.
Page 520 - An order affecting a substantial right in an action, when such order in effect determines the action and prevents a judgment, and an order affecting a substantial right made in a special proceeding, or upon a summary application in an action after judgment, is a final order which may be vacated, modified or reversed, as provided in this title.
Page 77 - We may lay it down, as a broad general principle, that wherever one of two innocent persons must suffer by the act of a third, he who has enabled such third person to occasion the loss must sustain it.
Page 216 - ... when during the litigation it appears that the defendant is doing or threatens or is about to do, or is procuring or suffering to be done, some act in violation of the plaintiff's rights respecting the subject of the action, and tending to render the judgment ineffectual, a temporary injunction may be granted to restrain such act.
Page 39 - If it shall be necessary, in the location of any part of any railroad, to occupy any road, street, alley, or public way or ground of any kind, or any part thereof, it shall be competent for the municipal or other corporation, or public officer or public authorities, owning or having charge thereof, and the railroad company, to agree upon the manner, and upon the terms and conditions upon which the same may be used or occupied...
Page 183 - ... 1 of the Constitution of the United States, which provides that no State shall pass any law impairing the obligation of a contract, and also violated that clause of the fourteenth amendment of that instrument, which provides that no State shall deprive any person of property without due process of law.
Page 18 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.
Page 2 - No person shall be disqualified as a witness in any civil or criminal case or proceeding by reason of his interest in the event of the same as a party or otherwise...
Page 343 - Laws shall be passed, taxing by a uniform rule, all moneys, credits, investments in bonds, stocks, joint stock companies, or otherwise; and also all real and personal property, according to its true value in money...
Page 216 - When it appears by the complaint that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually; 2.