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action alleged amended amount answer appears application appointed assessment assignment authorities benefits bill brought building called cause charge Circuit Court claimed Cleveland common pleas condition consideration construction contract corporation council counsel court court of common damages Decided defendant determine directed duty effect entered entitled error establishing evidence exceptions execution fact filed follows further give given grant ground held hold improvement injury interest issued Judge judgment jury land lease Lucas County matter ment mortgage motion necessary negligence objection officer Ohio opinion paid parties payment performance person petition plaintiff premises proceedings proper question railroad railway reason received record recover referred Revised Statutes rule statement statute street suit taken testimony tion track train trial verdict
Strana 242 - An unconstitutional act is not a law; it confers no rights ; it imposes no duties ; it affords no protection ; it creates no office ; it is, in legal contemplation, as inoperative as though it had never been passed.
Strana 243 - After a statute has been settled by judicial construction, the construction becomes, so far as contract rights acquired under it are concerned, as much a part of the statute as the text itself, and a change of decision is to all intents and purposes the same in its effect on contracts as an amendment of the law by means of a legislative enactment.
Strana 114 - In case of the death, or other disability, of a party, the court, on motion, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
Strana 277 - Whenever, however, the relations between the contracting parties appear to be of such a character as to render it certain that they do not deal on terms of equality but that either on the one side from superior knowledge of the matter derived from a fiduciary relation, or from overmastering influence. or on the other from weakness, dependence, or trust justifiably reposed, unfair advantage in a transaction is rendered probable...
Strana 373 - A widow shall be endowed of the third part of all the lands whereof her husband was seized of an estate of inheritance at any time during the marriage, unless she shall have lawfully released her right thereto.
Strana 415 - Larc.eny is the felonious taking and carrying away of the personal goods of another.
Strana 586 - ... to keep a set of books showing a complete record of business transacted including all purchases and sales both for cash and credit, together with the last inventory of said business...
Strana 303 - When the summons has been served, or publication made, the action is pending, so as to charge third persons with notice of its pendency, and while pending, no interest can be acquired by third persons in the subject matter thereof, as against the plaintiff's title.
Strana 570 - Saund. 3206, that where a covenant (of the plaintiff) goes only to part of the consideration on both sides, and a breach of such covenant may be paid for in damages, it is an independent covenant, and an action may be maintained for a breach of the contract on the part of the defendant without averring performance in the declaration.