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29 Ohio action Adm'rs administrator admitted agreement alleged amount appear Arthur St assigned assumpsit authority averment bank bill bond canal cause cents chancery charge Chillicothe claim Clair clerk common law common pleas complainant contract convey conveyance Coonrod counsel court of common court of equity covenants creditors debtor debts declaration decree deed defendant delivered the opinion demurrer directors equity error coram nobis evidence execution fact fraud Hamilton county Hargraves heirs hundred husband indorser injunction Insurance intention interest intestate Isaac Walker issue Johns Judge judgment jurisdiction jury justice land lease Lessee levy ment Miami Ex motion non est factum nonsuit notice objection paid parties payment Piatt Pickens plaintiff in error proceedings proof provision purchase money question received record recover rent repairs rule scire facias sheriff statute stockholders suit Supreme Court sustained term tion trial Tuscarawas county verdict void wife writ
Page 490 - ... unless the agreement, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 309 - If a day be appointed for payment of money, or part of it, or for doing any other act, and the day is to happen, or may happen, before the thing which is the consideration of the money, or other act, is to be performed, an action may be brought for the money, or for not doing such other act before performance; for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent...
Page 67 - AND it shall and may be lawful for the said vessel, in her voyage, to proceed and sail to, touch and stay at, any ports or places, if thereunto obliged by stress of weather, or other unavoidable accident, without prejudice to this insurance.
Page 370 - If the defendant be under an obligation, from the ties of natural justice, to refund, the law implies a debt and gives this action, founded in the equity of the plaintiff's case, as it were upon a contract (quasi ex contractu, as the Roman law expresses it).
Page 373 - ... in an action on the case, for the use and occupation of what was so held or enjoyed ; and if in evidence on the trial of such action any parol demise or any agreement (not being by deed) whereon a certain rent was reserved shall appear, the plaintiff in such action shall not therefore be nonsuited, but may make use thereof as an evidence of the Quantum of the damages to be recovered.
Page 309 - ... doing any other act, and the day is to happen, or may happen, before the thing which is the consideration of the money, or other act, is to be performed ; an action may be brought for the money, or for not doing such other act before performance, for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent. And so it is where no time is fixed for performance of that, which is the consideration of the money or other act.
Page 504 - ... County not more than three nor less than two Associate Judges, who, during their continuance in office, shall reside therein. The President and Associate Judges, in their respective Counties, any three of whom shall be a quorum, shall compose the Court of Common Pleas; which court shall have common law and chancery jurisdiction in all such cases as shall be directed by law...
Page 228 - ... the president, directors, and company of the bank of the United States," as soon as the said bank shall be organized.
Page 78 - It is a settled principle that a party will not be aided after a trial at law, unless he can impeach the justice of the verdict by facts or on grounds of which he could not have availed himself, or was prevented from doing it, by fraud or accident, or the act of the opposite party, unmixed with negligence or fault on his part.
Page 513 - But this provision did not abolish or impair the common law principle, that he who owns the lands on both banks, owns the entire river, subject only to the easement of navigation ; and he who owns the land upon one bank only, owns to the middle of the river, subject to the same easement Gavitt v.