 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1885 - 678 páginas
...owner or occupant to leave it unguarded, the strong probability is that he must have discovered it, and in the absence of any averment to the contrary, we must, under all the circumstances disclosed in the complaint, presume that the appellee had as full knowledge... | |
 | Massachusetts. Supreme Judicial Court - 1897 - 712 páginas
...c. 548, to build in Boston a subway such as is adapted for the usea and purposes described in § 25, by implication authorizes such a structure as is necessary...and, in the absence of any averment to the contrary in a bill in equity to have the statute declared invalid, it will be assumed that the present structure... | |
 | Boston (Mass.). Transit Commission - 1905 - 244 páginas
...c. 548, to build in Boston a subway such as is adapted for the uses and purposes described in § 25, by implication authorizes such a structure as is necessary and reasonable for those purposes, and, iu the absence of any averment to the contrary in a bill in equity to have the statute declared invalid,... | |
 | Iowa. Supreme Court - 1905 - 996 páginas
...the section. Possibly the omission might 'have been made by mistake, but that issue is not before us, and, in the absence of any averment to the contrary, we must treat the record as a verity, and as exemplifying exactly what was intended. WOLF v. ELEVATOR Co. 659... | |
 | Boston (Mass.). Transit Commission - 1911 - 256 páginas
...c. 548, to build in Boston a subway such as is adapted for the uses and purposes described in § 25, by implication authorizes such a structure as is necessary...and, in the absence of any averment to the contrary in a bill in equity to have the statute declared invalid, it will be assumed that the present structure... | |
 | California. District Courts of Appeal - 1923 - 972 páginas
...Gause, if the latter is solvent they were not damaged by the failure of respondent to deliver the water. In the absence of any averment to the contrary, we must assume that they can enforce the obligation notwithstanding the loss of their security. In that respect we... | |
 | 1923 - 924 páginas
...Gause, if the latter is solvent they were not damaged by the failure of respondent to deliver the water. In the absence of any averment to the contrary, we must assume that they can enforce the obligation notwithstanding the loss of their security. In that respect we... | |
 | Mississippi. Supreme Court - 1859 - 800 páginas
...proposition conforming to the laws of this State, we are bound to presume that it was so intended ; and, in the absence of any averment to the contrary, we must presume that the proposition was accepted with the same intention with which it was moulded. It is,... | |
 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1899 - 850 páginas
...it is alleged that the plaintiffs did conceal from the company the execution of the mortgage, but, in the absence of any averment to the contrary, we must assume this to have been without design or fraudulent purpose, and the concealment in such event would be... | |
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... for such construction so far as is necessary in order to make a suitable connection with surface tracks, but no further. Field, CJ, dissenting. The permission of the Legislature, given by St. 1894, c. 548, to build in Boston a subway such as is adapted... 