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action affirmed alleged allowed amount answer appeal application authority bank bond cause charge claim complaint conclusion condition considered constitute contract counsel damages decree deed defendant determine direct district court effect entered entitled error evidence execution existence fact feet filed follows further give given ground held injury instruction intention interest Iowa issue Judge judgment jury land lien limits matter ment Minn mortgage motion necessary negligence notice objection opinion owner paid parties payment person petition plain plaintiff possession present prior proceedings proper purchase question reason received record recover reference rendered respondent result reversed rule statement statute street sufficient suit Supreme Court taken testimony thereof tion trial court verdict witness
Página 379 - If the amendment be made after the joining of the issue, and it be made to appear to the satisfaction of the court, by oath, that an adjournment is necessary to the adverse party in consequence of such amendment, an adjournment shall be granted.
Página 106 - It is admitted that the rule is difficult of application. But it is generally held, that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, M ' !-«<•. ' '.:>-. . \ and that it ought to have been foreseen in the light of the attending circumstances.
Página 236 - Where a party gives a reason for his conduct and decision touching anything involved in a controversy, he cannot, after litigation has begun, change his ground, and put his conduct upon another and a different consideration. He is not permitted thus to mend his hold. He Is estopped from doing it by a settled principle of law.
Página 115 - ... 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Página 115 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Página 392 - ... shall be presumed to be fraudulent and void, as against the creditors of the vendor or...
Página 282 - ... designating the grounds upon which the motion will be made, and whether the same will be made upon affidavits or the minutes of the court, or a bill of exceptions, or a statement of the case: 1.
Página 297 - the indictment must contain: (1) the title of the prosecution, specifying the name of the court, in which the indictment is presented, and the names of the parties; (2) a statement of the acts constituting the offense, in ordinary and concise language, and in such a manner as to enable a person of common understanding to know what is intended...
Página 443 - No lease or grant of agricultural land, for a longer period than twelve years, hereafter made, in which shall be reserved any rent or service of any kind, shall be valid.
Página 393 - A sale of any portion of a stock of merchandise otherwise than in the ordinary course of trade in the regular and usual prosecution of the seller's business, or a sale of an entire stock of merchandise in bulk will be presumed to be fraudulent and void as against the creditors of the seller...