Michigan Reports: Cases Decided in the Supreme Court of Michigan, Τόμος 184Michigan. Supreme Court, George C. Gibbs, Randolph Manning, Thomas McIntyre Cooley, William Jennison, Elijah W. Meddaugh, William Dudley Fuller, Hovey K. Clarke, John Adams Brooks, Hoyt Post, Henry Allen Chaney, James M. Reasoner, Richard W. Cooper, Marquis B. Eaton, Herschel Bouton Lazell Phelphs & Stevens, printers, 1916 |
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Σελίδα 28
... assigned because of the refusal of the trial judge to allow the defendant to amend its plea as pro- vided in section 1139 , 1 Comp . Laws ( 5 How . Stat . [ 2d Ed . ] § 12557 ) , so that it might be shown that the demand upon which this ...
... assigned because of the refusal of the trial judge to allow the defendant to amend its plea as pro- vided in section 1139 , 1 Comp . Laws ( 5 How . Stat . [ 2d Ed . ] § 12557 ) , so that it might be shown that the demand upon which this ...
Σελίδα 32
... merit in the claim of a mutual re- lease . The second group of assigned errors grows out of the failure of the court to allow defendants to recover for a breach of an express warranty , in that 32 [ Jan. 184 MICHIGAN REPORTS .
... merit in the claim of a mutual re- lease . The second group of assigned errors grows out of the failure of the court to allow defendants to recover for a breach of an express warranty , in that 32 [ Jan. 184 MICHIGAN REPORTS .
Σελίδα 68
... assigned , and relied upon present propositions which it states as follows : " The measure of damages assumed and adopted by the court throughout the trial - that is , the difference between the contract price and the market price of ...
... assigned , and relied upon present propositions which it states as follows : " The measure of damages assumed and adopted by the court throughout the trial - that is , the difference between the contract price and the market price of ...
Σελίδα 75
... assignment of error was based upon the fact that the trial judge marked requests of counsel , " Refused , except as ... assigned upon the charge or refusal to charge , without the necessity of taking an exception . " But in view of the ...
... assignment of error was based upon the fact that the trial judge marked requests of counsel , " Refused , except as ... assigned upon the charge or refusal to charge , without the necessity of taking an exception . " But in view of the ...
Σελίδα 108
... assigning error , to state that the court erred in not directing a verdict for the defendant . But where the words were added , " as re- quested by counsel at the close of the testimony in the case , " it referred to the reasons assigned ...
... assigning error , to state that the court erred in not directing a verdict for the defendant . But where the words were added , " as re- quested by counsel at the close of the testimony in the case , " it referred to the reasons assigned ...
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Συχνά εμφανιζόμενοι όροι και φράσεις
accident action affirmed agreement alleged amended amount Ann Arbor Railroad appears appellee assessment Assumpsit bailment Boeing brings error BROOKE cause certiorari charge circuit court city of Detroit claim complainant concurred condition contract contributory negligence counsel court of equity court of record damages deceased decedent Decided March 17 decree deed defendant defendant's direct a verdict directed verdict Docket duty employment engine entitled evidence fact fendant filed follows Fordney Grand Haven Grand Rapids Heliker husband injury judgment jury KUHN land lease March 17 Marsac Martin Stephan MCALVAY ment Michigan MOORE mortgage negligence opinion OSTRANDER paid parties payment person plaintiff premises proceedings question railroad Railroad Co Railway reason record recover refused rule Shirley Ross Stat statute STEERE Submitted taxes testified testimony thereon tion township track trammers trial court wife wires witness Ypsilanti
Δημοφιλή αποσπάσματα
Σελίδα 282 - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.
Σελίδα 283 - All laws now in force in the territory of Wisconsin, which are not repugnant to this constitution, shall remain in force until they expire by their own limitation, or be altered or repealed by the legislature.
Σελίδα 271 - Under such general laws, the electors of each city and village shall have power and authority to frame, adopt and amend its charter...
Σελίδα 237 - It is claimed by some recent writers that it was not the intention of the framers of the Constitution to confer...
Σελίδα 91 - It is sufficient to say that an injury is received 'in the course of the employment when it comes while the workman is doing the duty which he is employed to perform.
Σελίδα 230 - If any implication is to be indulged from the delivery of the goods under the general notice, it is as strong that the owner intended to insist upon his rights and the duties of the carrier, as it is that he assented to their qualification. The burden of proof lies on the carrier, and nothing short of an express stipulation by parol or in writing should be permitted to discharge him from duties which the law has annexed to his employment.
Σελίδα 65 - ... shall well, truly and faithfully comply with all the terms, covenants and conditions of said contract on their part to be kept and performed according to its tenor, then this obligation to be null and void, otherwise to be and remain in full force and virtue in law.
Σελίδα 92 - ... out of the employment. But it excludes an injury which cannot fairly be traced to the employment as a contributing proximate cause and which comes from a hazard to which the workman would have been equally exposed apart from the employment. The causative danger must be peculiar to the work and not common to the neighborhood.
Σελίδα 623 - ... companies, and all other companies owning, leasing, running or operating any freight, stock, refrigerator, or any other cars, not being exclusively the property of any railroad company paying taxes upon its rolling stock under the provisions of this act...
Σελίδα 230 - The burden of proof lies on the carrier, and nothing short of an express stipulation by parol or in writing should be permitted to discharge him from duties which the law has annexed to his employment. The exemption from these duties should not depend upon implication or inference, founded on doubtful and conflicting evidence ; but should be specific and certain, leaving no room for controversy between the parties.