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Excerpt from The Northwestern Reporter, Vol. 184: Comprising All the Decisions of the Supreme Courts of Minnesota, Michigan, Iowa, Wisconsin, Nebraska, North Dakota, and South Dakota, With Key-Number Annotations; September 16-December 16, 1921 Sec. 2. In any county having more than one probate Judge the judge who has served the longest period continuously shall be called the presiding judge who may, by an order duly made and entered in the journal of the court, authorize the register thereof to sign in the name of the judge who made the same, all orders or decrees of such court. With the same force and effect as though said judge had signed them. In all such cases said register shall place his initials under said signature. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ...for such injury. A clause of the by-laws, which were a part of the contract of insurance, provided that no greater amount should be paid any member than the amount payable to the latter class for any injury received while hunting, or in any way using or handling firearms. The plaintiff lost his hand by the discharge of a gun which he was removing from one room of his house, where it was left by one of his boarders, to another. Held, that his recovery was limited to, $1500. (Syllabus by the Court.) Commissioners' opinion. Department No. 3. Error to district court, Lancaster county; Frost, Judge. Action by Thomas J. Doody against the National Masonic Accident Association. There was judgment for plaintiff for part of his demand, and he brings error. Affirmed. Tlbbets Bros, and Morey & Anderson, for plaintiff in error. F. M. Hall and C. C. Marlay, for defendant In error. ALBERT, C. This action was brought on an accident Insurance policy Issued to the plaintiff by the defendant Defendant Is a mutual concern, and the members are classified according to the hazard of their occupa Rehearlng denied February 4, 1903. tlons. Tbe plaintiff was classified as Mm proprietor ct a boarding house, and belonged to class 1, whose members were entitled to an Indemnity of $2,500 for the loss of a band, while those of class 6 were entitled to but $500 for such Injury. The by-laws of the defendant, which are part of the contract of insurance, provide, among other things, as follows: "Nor shall any greater amount be paid to any member or his beneficiary than the amount named in class C for or on account of any injury received by any member while hunting, or while in any way using or handling loaded firearms." At the time when the policy was in force...
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ...thenceforth strangers, as absolutely as though they never had met. Every right and obligation under or by virtue of the marriage relation had been swept away. The right to the allowance rested on the naked contract. If it be claimed that the appellant was forced into this stipulation in order to obtain his divorce, then the agreement, being entirely unexecuted, and being In furtherance of the divorce, is void. Speck v. Dausman, 7 Mo. App. 105; Seeley's Appeal, 56 Conn. 202,14 Atl. 291; Jordan v. Westerman, 62 Mich. 170, 28 N. W. 826. We are unable to see how that can aid respondent. It may be too late now for appellant to avoid the contract But be that as it may, if the contract be void it does not change respondents legal rights. It does not entitle her to that to which the record shows she was not entitled in the absence of the contract View It as we may, if she have any rights here, they must rest for their basis upon that contract. Embodying that contract In the decree could not change its essential nature. It cannot be claimed that this appellant can be imprisoned for debt in this case. Section 15, State Const, limits such imprisonment to cases where a party refuses to turn over his estate for the benefit of creditors as prescribed by law, or cases of tort or where there is a strong presumption of fraud. This case does not come within the permission. Treating the proceeding purely as in civil contempt--and such it no doubt Is, --It must come under some one of the subdivisions of section 5934, Rev. Codes, authorizing punishment for civil contempts. Respondent claims that it comes within subdivision 8, which permits such punishment "in any case where an attachment or any other proceeding to punish for contempt has been usually...
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 edition. Excerpt: ...until November 12, 1000, when, it appearing from the affidavit of J. H. McCulloch, one of the attorneys for the Omaha National Bank, that Robinson was dead, that no order of revivor had been made, and that more than one year had elapsed since such order could have been made, the action was stricken from the docket. The case remained in this condition until February, 1004, when a motion was made in behalf of the executors of Robinson to revive the original judgment in the district court A conditional order of revivor was allowed providing that, unless the defendant showed cause by March 14, 1904, the judgment should stand revived. The defendant made a return to this order to show cause by alleging the facts in regard to the death of Robinson, the reversal of the judgment, and the action of the district court thereafter striking the case from the docket Evidence was adduced, and at the hearing the district court sustained the motion for revivor, and made it absolute. No motion for a new trial was filed. The plaintiff In error in its petition assigns: (1) The court erred in sustaining the motion of this defendant in error for a revivor of said judgment; (2) the court erred in signing and directing the entry of the order reviving said Judgment The first question presented is whether or not these assignments present any question for review in view of the fact that no motion for a new trial was filed in the district court. In the view we take of the case, it is not necessary to consider this assignment. We are of the opinion that the proceedings had in the Supreme Court were void; that the judgment of reversal was of no validity, nor was the mandate of any force. We have repeatedly said that a Judgment rendered by a court without jurisdiction...