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acres action affidavit alleged amount answer appeal application argued assessment authority Babcock building cause certificates charge circuit court cited claim commissioners complaint construction contract counsel damages deed defendant defendant's denied described determine entitled evidence executed fact fence filed follows further give given granted ground held highway hold injury instructions interest issued judgment jury lake land logs matter ment Milwaukee mortgage motion named navigable necessary negligence notice objection offer opinion owner paid parties person plaintiff possession present proceedings proof proper question railroad reason received record recover refused respect respondent riparian road rule sold spring statute stream street sufficient Supervisors supra taken testimony thereof tion town trial whole witness
Էջ 570 - But, on the other hand, to allow evidence to be given that the party who appears on the face of the instrument to be personally a contracting party, is not such, would be to allow parol evidence to contradict the written agreement ; which cannot be done.
Էջ 137 - Hence the trade-mark must, either by itself, or by association, point distinctively to the origin or ownership of the article to which it is applied.
Էջ 74 - ... nor to charge or in any way affect the same, unless it be in writing and signed by the testator or by some person in his presence, and by his express direction, and attested and subscribed in the presence of the testator by two or more competent witnesses...
Էջ 570 - There is no doubt that where such an agreement is made, it is competent to show that one or both of the contracting parties were agents for other persons, and acted as such agents in making the contract, so as to give the benefit of the contract on the one hand to, and charge with liability on the other, the unnamed principals; and this, whether the agreement be or be not required to be in writing by the statute of frauds; and this evidence in no way contradicts the written agreement.
Էջ 76 - To attest the publication of a paper as a last will, and to subscribe to that paper the names of the witnesses, are very different things, and are required for obviously distinct and different ends. Attestation is the act of the senses, subscription is the act of the hand; the one is mental, the other mechanical, and to attest a will is to know that it was published as such, and to certify the facts required to constitute an actual and legal publication ; but to subscribe a paper published as a will,...
Էջ 72 - ... by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.
Էջ 169 - An agreement for the leasing for a longer period than one year, or for the sale of real property, or of an interest therein ; and such agreement, if made by an agent of the party sought to be charged...
Էջ 228 - But the rights of a riparian proprietor, so far as they relate to any natural stream, exist Jure naturae, because his land has, by nature, the advantage of being washed by the stream ; and, if the facts of nature constitute the foundation of the right.