The Northeastern Reporter, Volumen123West Publishing Company, 1919 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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Página 23
... SPECIFIC PERFORMANCE 5 - ADEQUATE REMEDY AT LAW . To obtain specific performance , it must ap- ( Appellate Court of Indiana , Division No. 2. pear that plaintiff has no adequate remedy at April 24 , 1919. ) 1. APPEAL AND ERROR 766 ...
... SPECIFIC PERFORMANCE 5 - ADEQUATE REMEDY AT LAW . To obtain specific performance , it must ap- ( Appellate Court of Indiana , Division No. 2. pear that plaintiff has no adequate remedy at April 24 , 1919. ) 1. APPEAL AND ERROR 766 ...
Página 24
... specific performance of a contract for the exchange of real estate . The appellant de- murred to the second amended complaint , which demurrer was overruled , and to which ruling appellant excepted . Appellant then answered by general ...
... specific performance of a contract for the exchange of real estate . The appellant de- murred to the second amended complaint , which demurrer was overruled , and to which ruling appellant excepted . Appellant then answered by general ...
Página 25
... specific performance to be sufficient should allege facts that would have been sufficient upon a default to enable the court to draft the decree from its aver- ments . Burke v . Mead , 159 Ind . 252 , 259 , 64 N. E. 880 ; McCauley v ...
... specific performance to be sufficient should allege facts that would have been sufficient upon a default to enable the court to draft the decree from its aver- ments . Burke v . Mead , 159 Ind . 252 , 259 , 64 N. E. 880 ; McCauley v ...
Página 26
... specific performance be denied him . There may even be no blaine attached to him ; but , if there is a want of equality and fairness within the contract itself , the court will not exercise its extraor- dinary jurisdiction in specific ...
... specific performance be denied him . There may even be no blaine attached to him ; but , if there is a want of equality and fairness within the contract itself , the court will not exercise its extraor- dinary jurisdiction in specific ...
Página 27
... specific performance should not be enforced ; but we do not rest our decision on this conclusion alone . change of lands which contemplates a sale , not only by appellant , but also by the appellee , and he could not satisfy the statute ...
... specific performance should not be enforced ; but we do not rest our decision on this conclusion alone . change of lands which contemplates a sale , not only by appellant , but also by the appellee , and he could not satisfy the statute ...
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Términos y frases comunes
action affirmed alleged amount APPEAL AND ERROR appellant's Appellate Court Appellate Division appellee assigned attorney automobile award Bank bill circuit court claim Company compensation complaint contract Cook County corporation court erred court of equity Court of Indiana death deceased decree deed defendant demurrer Digests and Indexes employé equity evidence executors facts fee simple fendant Fesler filed held Hoffecker Indiana Indianapolis injury instruction issue Jacob Brown Judge judgment jury Kaupus Key-Numbered Digests land lant's liability lien marriage Mass ment motion N. Y. Supp Nassau Electric Railroad negligence overruling owner paid paragraph parties payment pellee person plaintiff in error proceedings question railroad real estate reason record reversed rule statute supra Supreme Court surety sustained testator testified testimony thereof tion topic and KEY-NUMBER trial court trust verdict witness
Pasajes populares
Página 231 - That it is complete and regular upon its face; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4. That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Página 482 - Unless otherwise specially provided, the time within which an act is required by law to be done, shall be computed by excluding the first day and including the last; and if the last be Sunday, it shall be excluded.
Página 100 - And no subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land.
Página 279 - Under this test, if the injury can be seen to have followed as a natural incident of the work and to have been contemplated by a reasonable person familiar with the whole situation as a result of the exposure occasioned by the nature of the employment, then it arises " out of
Página 231 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.
Página 383 - Of all civil causes of admiralty and maritime jurisdiction, saving to suitors in all cases the right of a common-law remedy where the common law is competent to give it, and to claimants the rights and remedies under the workmen's compensation law of any State.60 Fourth.
Página 20 - ... the verdict of the jury is not sustained by sufficient evidence and is contrary to law.
Página 133 - Seventh. To exercise by its board of directors, or duly authorized officers or agents, subject to law, all such incidental powers as shall be necessary to carry on the business of...
Página 315 - The sale, transfer or assignment, in bulk, of any part or the whole of a stock of merchandise, or merchandise and the fixtures pertaining to the conducting of said business, otherwise than in the ordinary course of trade...
Página 316 - Tennessee, that 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, shall be presumed to be fraudulent and void as against the creditors of the seller...