The Pacific Reporter, Volume 13West Publishing Company, 1887 |
From inside the book
Results 1-5 of 38
Page 71
... nonsuit , upon the ground that it appeared from the plaintiff's evidence that the tax collector sold only a mortgage upon the real property , and not the property itself . The court granted the motion , and the plaintiff appealed from ...
... nonsuit , upon the ground that it appeared from the plaintiff's evidence that the tax collector sold only a mortgage upon the real property , and not the property itself . The court granted the motion , and the plaintiff appealed from ...
Page 72
... nonsuit was improperly granted , and the judgment should therefore be reversed . We concur : SEARLS , C .; FOOTE , C. BY THE COURT . For the reasons given in the foregoing opinion the judg- ment is reversed . ( 72 Cal . 37 ) TOTTEN v ...
... nonsuit was improperly granted , and the judgment should therefore be reversed . We concur : SEARLS , C .; FOOTE , C. BY THE COURT . For the reasons given in the foregoing opinion the judg- ment is reversed . ( 72 Cal . 37 ) TOTTEN v ...
Page 80
... NONSUIT WHEN GRANTED . Where there is evidence to support the case , a nonsuit will not be granted . 2. SUNDAY - INJURY FROM DEFECT IN STREET NECESSITY . Where an injury occurs to the plaintiff on the Sabbath day through the negli gence ...
... NONSUIT WHEN GRANTED . Where there is evidence to support the case , a nonsuit will not be granted . 2. SUNDAY - INJURY FROM DEFECT IN STREET NECESSITY . Where an injury occurs to the plaintiff on the Sabbath day through the negli gence ...
Page 81
... nonsuit on the grounds hereinafter stated , which motion was denied , and the defend- ant now assigns such ruling as error . After submission of all the testimony and arguments of counsel , in the court below , the learned judge who ...
... nonsuit on the grounds hereinafter stated , which motion was denied , and the defend- ant now assigns such ruling as error . After submission of all the testimony and arguments of counsel , in the court below , the learned judge who ...
Page 82
... nonsuit cannot be entertained . The fact that the ac- cident happened to the plaintiff on the Sabbath day will not prevent him from recovering , since that was not contributory negligence . And the plaintiff should not be nonsuited ...
... nonsuit cannot be entertained . The fact that the ac- cident happened to the plaintiff on the Sabbath day will not prevent him from recovering , since that was not contributory negligence . And the plaintiff should not be nonsuited ...
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Common terms and phrases
affidavit affirmed alleged amended answer appellant appellee assignment attorney authority cars cause of action charge Cherokee county claim clerk Code Civil Proc commenced complaint concur contract corporation counsel Court of California court of equity creditors damages deceased deed defendant defendant's delivered demurrer denied district court entitled equity evidence execution facts favor fendant filed follows given ground held Idaho indictment instruction intent issue judge judgment jurors jury justice Kansas land legislature liable lien Lillian Harman marriage ment mortgage motion negligence nonsuit objection paid parties payment person plaintiff in error pleadings possession premises proceedings purchase purpose question railroad reason record recover refused rendered respondent Riley county rule Seward county sheriff statute sufficient suit superior court Supreme Court territory testimony therein thereof tion trial Umatilla county verdict witness Woolston writ
Popular passages
Page 353 - It shall be the duty of the adverse claimant, within thirty days after filing his claim, to commence proceedings in a court of competent jurisdiction, to determine the question of the right of possession, and prosecute the same with reasonable diligence to final judgment; and a failure so to do shall be a waiver of his adverse claim.
Page 426 - When the death of a person not being a minor, or when the death of a minor person who leaves surviving him either a husband or wife or child or children, is caused by the wrongful act or neglect of another, his heirs or personal representatives may maintain an action for damages against the person causing the death...
Page 376 - A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover possession of the real property without a foreclosure and sale.
Page 200 - The direct evidence of one witness who is entitled to full credit is sufficient for proof of any fact, except perjury and treason.
Page 173 - In other actions, if no answer has been filed with the clerk of the court within the time specified in the summons, or such further time as may have been granted...
Page 613 - The provisions of this act shall not be construed in any manner to affect or impair the title of a purchaser for a valuable consideration, unless it shall appear that such purchaser had previous notice of the fraudulent intent of his immediate grantor, or of the fraud rendering void the title of such grantor.
Page 456 - No State shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States...
Page 74 - ... a cause of action exists against the defendant in respect to whom the service is to be made...
Page 73 - Where the person on whom service is to be made resides out of the state; or has departed from the state; or cannot, after due diligence, be found within the state ; or conceals himself to avoid the service of summons...
Page 456 - The natural and proper timidity and delicacy which belongs to the female sex evidently unfits it for many of the occupations of civil life. The constitution of the family organization, which is founded in the divine ordinance, as well as in the nature of things, indicates the domestic sphere as that which properly belongs to the domain and functions of womanhood.