The Pacific Reporter, Volume 65West Publishing Company, 1901 |
From inside the book
Results 1-5 of 100
Page 5
sustained . Hayne , New Trials & App . p . 839. The silence of counsel as to the defects found by this court in the said complaint cannot in such a case as this be regarded as a restriction upon the legal scope of the general objection ...
sustained . Hayne , New Trials & App . p . 839. The silence of counsel as to the defects found by this court in the said complaint cannot in such a case as this be regarded as a restriction upon the legal scope of the general objection ...
Page 11
... court below is required to pass upon objections that are not made . It is proper for the trial court to place reasonable limits upon the cross - examina- tion of a witness , and we see no error and no abuse of discretion in the ...
... court below is required to pass upon objections that are not made . It is proper for the trial court to place reasonable limits upon the cross - examina- tion of a witness , and we see no error and no abuse of discretion in the ...
Page 25
... trial court on behalf of the district to test the suffi- ciency of the alternative writ previous to trial on the merits . Notwithstanding this omission , that question can be raised on re- view . In such circumstances , however , it ...
... trial court on behalf of the district to test the suffi- ciency of the alternative writ previous to trial on the merits . Notwithstanding this omission , that question can be raised on re- view . In such circumstances , however , it ...
Page 29
... court , in the settlement of her account as administratrix , she was di- rected to pay over to the administrator de ... trial court , relied for title on a sale made under a decree of the United States district court rendered in a ...
... court , in the settlement of her account as administratrix , she was di- rected to pay over to the administrator de ... trial court , relied for title on a sale made under a decree of the United States district court rendered in a ...
Page 32
... trial court on conflicting evidence is based on the nonexistence of either , the action of the court of appeals in affirming the judgment cannot be reviewed . Appeal from court of appeals . Suit by J. H. Casserleigh against Thomas A ...
... trial court on conflicting evidence is based on the nonexistence of either , the action of the court of appeals in affirming the judgment cannot be reviewed . Appeal from court of appeals . Suit by J. H. Casserleigh against Thomas A ...
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Common terms and phrases
affirmed alleged amended amount appeal appellant appellee assessment assignment attorney Baker county bank cause of action charge claim Code Colo commissioners complaint concur contract corporation counsel creditors decree deed defendant in error defendant's demurrer denied district court ditch election entitled evidence execution fact favor fendant filed foreclosure held Idaho injury interest irrigation Judge judgment jurisdiction jury land liability lien ment mortgage motion notice owner paid parties payment person plain plaintiff in error pleadings possession proceedings promissory note prosecution purpose question quitclaim deed reason record recover rehearing rendered respondent reversed Rio Grande City rule Silver Bow county statute street suit superior court Supreme Court sustained tally markings taxes testimony thereof tiff tion Tirey L trial court trust verdict void water rights witness
Popular passages
Page 30 - The shareholders of each association formed under the provisions of this act, and of each existing bank or banking association that may accept the provisions of this act, shall be held individually responsible, equally and ratably, and not one for another, for all contracts, debts, and engagements of such association to the extent of the amount of their stock therein at the par value thereof, in addition to the amount invested in such shares...
Page 70 - If the remedy at law . is sufficient, equity cannot give relief, "but it is not enough that * there is a remedy at law; it must be plain and adequate, or. in other words, as practical and efficient to the ends of justice, and its prompt administration, as the remedy in equity.
Page 396 - Members of the Legislature, and all officers, executive and judicial, except such inferior officers as may be by law exempted, shall, before they enter upon the duties of their respective offices, take and subscribe the following oath or affirmation: " I do solemnly swear (or affirm, as the case may be,) that I will support the Constitution of the United States and the Constitution of the State of California, and that I will faithfully discharge the duties of the office of , according to the best...
Page 394 - In cases of uncertainty not removed by the preceding rules, the language of a contract should be interpreted most strongly against the party who caused the uncertainty to exist.
Page 211 - The cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
Page 314 - Every mortgage or conveyance intended to operate as a mortgage of goods and chattels which shall hereafter be made which shall not be accompanied by an immediate delivery and followed by an actual and continued change of possession...
Page 313 - Actions for the following causes, must be tried in the county in which the subject of the action or some part thereof is situated, subject to the power of the court to change the place of trial, as provided in section 620 : 1. For the recovery of real property or of an estate or interest therein, or for the determination, in any form, of such right or interest, and for injuries to real property : 2.
Page 68 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished...
Page 182 - That the legislative power of the territory shall extend to all rightful subjects of legislation consistent with the constitution of the United States and the provisions of this act; but no law shall be passed interfering with the primary disposal of the soil; no tax shall be imposed upon the property of the United States...
Page 130 - ... in trust for the several use and benefit of the occupants thereof, according to their respective interests ; the execution of which trust, as to the disposal of the lots in such town, and the proceeds of the sales thereof, to be conducted under such regulations as may be prescribed by the legislative authority of the State or Territory in which the same may be situated.