 | Abraham Clark Freeman - 1903 - 1030 pages
...forbade the shipment on the Sabbath. The court, in the opinion, said: "Where a party gives a reason ^or his conduct and decision touching anything involved...his .•ground and put his conduct upon another and different con.•sideration. He is not permitted thus to mend his hold. He is estopped from doing it... | |
 | Iowa. Supreme Court - 1905 - 894 pages
...assert some other ground of defense. Donley v. Porter, 119 Iowa, 545; Hooves v. Suxmzey, 123 Iowa, 51. " Where a party gives a reason for his conduct and decision...anything involved in a controversy, he cannot, after litigatkm has begun, change his ground, and put his conduct upon another and different consideration."... | |
 | 1906 - 1170 pages
...In cash. and. as was said In Railway Co. v. McCarthy. 96 US 258, 2Г>7, 24 L. Ed. 693. he cannot be "permitted thus to mend his hold. He is estopped from doing It by a settled principle of law." ' lîedinger v. Jones. GS Kan. 627. 75 Рас. 997; Sandefur v. Hlnes, 69 Kan. 168, 76 Рас. 444.... | |
 | 1907 - 1368 pages
...Atlanta Trust & Bkg. Co. v. Close, 115 Ga. 939, 42 SE 265; Gavan v. Norcross, 117 Ga. 363, 43 SE 771. 'Where a party gives a reason for his conduct and...estopped from doing it by a settled principle of law." 2 Herman, Estoppel, p. 947. This doctrine is especially applicable in a case such as the present, where... | |
 | 1907 - 1282 pages
...amendment to the petition. This calls for the application of another rule. It !s this, when a party given a reason for his conduct and decision touching anything...controversy he cannot after litigation has begun, change hlg ground and put his conduct upon another and a different construction. He is not permitted to thus... | |
 | New York (State). Courts, Francis Blaine Delehanty, Austin B. Griffin, Robert George Scherer, Edward Jordan Dimock, Joseph Albert Lawson, Charles Cook Lester, William Van Rensselaer Erving, Louis J. Rezzemini - 1908 - 740 pages
...decree." And the Supreme Court of the United States in Ohio & ME Co. v. McCarthy, 96 US 258, said: "Where a party gives a reason for his conduct and decision touching anything in a controversy, he cannot, after litigation has begun, change his ground, and put his conduct upon... | |
 | 1908 - 1274 pages
...the Supreme Court of the United States in Ohio & MR Co. v. McCarthy, 96 US 258, 24 L. Ed. 693, said: "Where a party gives a reason for his conduct and decision touching anything In a controversy, he cannot, after litigation has begun, change his jtround, and put his conduct upon... | |
 | Iowa. Supreme Court - 1909 - 1124 pages
...upon, is well settled. Donley v. Porter, 119 Iowa, 542; Stanton v. Barnes, 72 Kan. 541 (84 Pac. 116). " Where a party gives a reason for his conduct- and...change his ground and put his conduct upon another and different consideration." Railway Co. v. McCarthy, 96 US 258 (24 L. Ed. 693). V. There appears to be... | |
 | Nebraska - 1909 - 1386 pages
...estoppel sets the matter at large. United States F. & G. Co. v. Ettenheimer, 70 Neb. 144; 99 NW 652. 63. Where a party gives a reason for his conduct and decision touching anything involved in a controversy he can not, after litigation has begun, change his ground and put his conduct upon another and different... | |
 | Jefferson Hoover Broady, D. A. Haggard, D. Avery Haggard - 1914 - 1010 pages
...right to judgment for the amount due. Strong v. Thurston County, 84 Neb. 86 (120 NW 922). 9. (1909.) Where a party gives a reason for his conduct and decision...change his ground and put his conduct upon another and different consideration. He is not permitted thus to mend his hold. Powers v. Bohuslav, 84 Neb. 179... | |
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Where a party gives a reason for his conduct and decision touching anything involved in a controversy, he cannot, after litigation has begun, change his ground, and put his conduct upon another and a different consideration. He is not permitted thus to... 
