Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa, 125권State of Iowa, 1905 |
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action affirmed agreement alleged amount appeal appellant appellee assessment attorney authority bank Boone county Cedar Rapids certificate claim Code conclusion construction contention contract contributory negligence corporation counsel county treasurer court of equity creditors damages death deceased decree deed defendant defendant's District Court effect entitled equity estoppel evidence executed fact fendant filed fraud grade Hedge & Wire heirs held homestead indictment injury instruction interest issue Judge judgment jury land liability lien matter ment mortgage N. E. Rep negligence notice NOVEMBER 15 OCTOBER 27 opinion ordinance owner paid parties payment person petition plaintiff pleaded possession proceedings proof purchaser question quiet title railway reason record recover reference remainder remainderman Reversed rule Sioux City statute street sufficient suit surety taxes testator testimony therein thereof thereto tion tract trial court verdict wife witness
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475 페이지 - The present capacity of taking effect in possession, if the possession were to become vacant, and not the certainty that the possession will become vacant before the estate limited in remainder determines, universally distinguishes a vested remainder from one that is contingent.
282 페이지 - States or given aid and comfort to its enemies, and that such application is made for his or her exclusive use and benefit, and that said entry is made for the purpose of actual settlement and cultivation, and not either directly or indirectly for the use or benefit of any other person...
452 페이지 - The rule that penal laws are to be construed strictly, is perhaps not much less old than construction itself. It is founded on the tenderness of the law for the rights of individuals ; and on the plain principle that the power of punishment is vested in the legislative, not in the judicial department. It is the legislature, not the court, which is to define a crime, and ordain its punishment.
422 페이지 - ... made or Intended to take effect in possession or enjoyment after the death of the grantor...
234 페이지 - Owner in finishing the work, such excess shall be paid by the Owner to the Contractor ; but If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner . The expense Incurred by the Owner as herein provided, either for furnishing materials or for finishing the work, and any damage Incurred through such default, shall be audited and certified by the Architect , whose certificate thereof shall be conclusive upon the parties.
573 페이지 - A policy ought to be so framed, that he who runs can read. It ought to be framed with such deliberate care, that no form of expression by which, on the one hand, the party assured can be caught, or by which, on the other, the company can be cheated, shall be found upon the face of it: nothing ought to be wanting in it, the absence of which may lead to such results.
602 페이지 - The citizens of each of the contracting parties shall have power to dispose of their personal goods within the jurisdiction of the other, by sale, donation, testament or otherwise...
452 페이지 - The intention of the legislature is to be collected from the words they employ. Where there is no ambiguity in the words, there is no room for construction.
372 페이지 - A defendant appears in an action when he answers, demurs, or gives the plaintiff written notice of his appearance, or when an attorney gives notice of appearance for him. After appearance, a defendant or his attorney is entitled to notice of all subsequent ' proceedings of which notice is required to be given. But where a defendant has not appeared, service of notice or papers need not be made upon him unless he is imprisoned for want of bail.
452 페이지 - It is a modification of the ancient maxim, and amounts to this: that, though penal laws are to be construed strictly, they are not to be construed so strictly as to defeat the obvious intention of the legislature. The maxim is not to be so applied as to narrow the words of the statute to the exclusion of cases which these words in their ordinary acceptation, or in that sense in which the legislature has obviously used them, would comprehend.