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action affirmed agreed alleged amount answer appeal applied assigned attorney authority bank cause Cent charge claim complainant condition Constitution contention contract corporation counsel damages deed defendant defendant's denied determine directed District Court duty effect entered entitled error evidence fact filed follows further give given granted ground held hold injury instruction interest Iowa issue Judge judgment June jury Key-Numbered land matter ment Michigan Minn mortgage motion necessary negligence Note.-For notice objection opinion owner paid parties payment performance person plaintiff presented proper purchase question reason received record recover reference result rule statute street sufficient Supreme Court sustained taken testified testimony thereof tion trial court verdict wife witness
Página 52 - A person has no property, no vested interest, in any rule of the common law. That is only one of the forms of municipal law, and is no more sacred than any other. Rights of property which have been created by the common law cannot be taken away without due process ; but the law itself, as a rule of conduct, may be changed at the will, or even at the whim, of the legislature, unless prevented by constitutional limitations. Indeed, the great office of statutes is to remedy defects in the common law...
Página 303 - If the property have been delivered to the plaintiff', and the defendant claim a return thereof judgment for the defendant may be for a return of the property, or the value thereof in case a return cannot be had, and damages for taking and withholding the same.
Página 389 - Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial; 5. Excessive damages, appearing to have been given under the influence of passion or prejudice; 6.
Página 153 - ... the measure of damages is the difference in the value of the land before and after the cutting or destruction complained of: Argotsinger v.
Página 147 - At the close of the evidence, the defendant moved for a directed verdict upon the ground that there was no evidence to sustain a verdict for the plaintiff.
Página 390 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
Página 234 - ... was negligent and that his negligence was the proximate cause of the plaintiff's injury.
Página 416 - Such motion is addressed to the sound legal discretion of the trial court and will not be disturbed on appeal in the absence of a clear showing of an abuse of discretion.
Página 246 - No member of the Legislature shall be interested directly or indirectly, in any contract with the State, or any county thereof, authorized by any law passed during the time for which he is elected nor for one year thereafter.