Reports of Decisions of the Supreme Court of the State of Nevada, Volume 6A.L. Bancroft, 1871 |
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Page 27
... ESTOPPEL - ACCEPTANCE OF PERFORMANCE OF CONTRACT . The acceptance of a per- formance differing from that contracted for , will estop the party so accepting , from afterwards taking advantage of the failure to perform in accordance with ...
... ESTOPPEL - ACCEPTANCE OF PERFORMANCE OF CONTRACT . The acceptance of a per- formance differing from that contracted for , will estop the party so accepting , from afterwards taking advantage of the failure to perform in accordance with ...
Page 196
... ESTOPPEL . Where the City of Hamilton entered upon and held certain premises under a lease purport- ing to run to the " Trustees of Hamilton City , " but signed only by the lessor : Held , that the corporation was estopped from taking ...
... ESTOPPEL . Where the City of Hamilton entered upon and held certain premises under a lease purport- ing to run to the " Trustees of Hamilton City , " but signed only by the lessor : Held , that the corporation was estopped from taking ...
Page 202
... estoppel , the corporation will not be permitted to take advantage of the fact that it was not correctly named in the lease . As it assumed that style for the purpose of obtaining privileges under the lease , it will not be allowed to ...
... estoppel , the corporation will not be permitted to take advantage of the fact that it was not correctly named in the lease . As it assumed that style for the purpose of obtaining privileges under the lease , it will not be allowed to ...
Page 304
... ESTOPPEL . Where Armstrong being the owner of land , deeded it to Howard by conveyance absolute on its face , but with an understanding that Howard was to hold one - half the land in trust for him ; and after recording the conveyance ...
... ESTOPPEL . Where Armstrong being the owner of land , deeded it to Howard by conveyance absolute on its face , but with an understanding that Howard was to hold one - half the land in trust for him ; and after recording the conveyance ...
Page 353
... ESTOPPEL . Where a person discharges the duties of an office as an officer de facto and not as a mere intruder , he and his sureties are estopped by the re- citals in his official bond from denying that he is entitled to the office ...
... ESTOPPEL . Where a person discharges the duties of an office as an officer de facto and not as a mere intruder , he and his sureties are estopped by the re- citals in his official bond from denying that he is entitled to the office ...
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action admissible admitted affidavits affirmed alleged appellant assessment authority bond Central Pacific Railroad charge Churchill County claimed complaint contract corporation counsel County Commissioners creditor criminal damages declarations deed defendant District Court Douglas County duty election entitled error estoppel evidence execution fact Fargo Fargo & Co filed fixture flume gold coin ground held Humboldt County hundred feet indictment injury instruction intention issue Judge judgment Judicial District jurisdiction jury land lease LEWIS lien Lyon County ment mill mortgage motion Nevada notice objection Ormsby County party payment person plaintiff pleading Pocotillo Practice Act proof prove question Railroad reason record recover rendered replevin Respondent Rhoades rule sheriff Silver Mining Company statement Stats statute statute of frauds Storey County sufficient suit Supreme Court sureties taken term testimony thousand dollars tion trial verdict Virginia City Washoe County White Pine County writ
Popular passages
Page 80 - That whenever by priority of possession rights to the use of water for mining, agricultural, manufacturing, or other purposes have vested and accrued and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same...
Page 415 - When an offense involves the commission of, or an attempt to commit, a private injury, and is described with sufficient certainty in other respects to identify the act, an erroneous allegation as to the person injured, or intended to be injured, is not material.
Page 277 - In case the office of any judge of the court of appeals, or justice of the supreme court, shall become vacant before the expiration of the regular term for which he was elected, the vacancy may be filled by appointment by the Governor, until it shall be supplied at the next general election of judges, when it shall be filled by election for the residue of the unexpired term.
Page 249 - ... 1. Actual annexation to the realty, or something appurtenant thereto. 2. Appropriation to the use or purpose of that part of the realty with which it is connected. 3. The intention of the party making the annexation, to make the article a permanent accession to the freehold...
Page 328 - An accessory is he or she who stands by and aids, abets, or assists ; or who, not being present aiding, abetting, or assisting, hath advised and encouraged the perpetration of the crime. He or she who thus aids, abets or assists, advises or encourages, shall be deemed and considered as principal, and punished accordingly.
Page 135 - ... the plaintiff, require the return thereof, upon giving to the sheriff a written undertaking, executed by two or more sufficient sureties, to the effect that they are bound in double the value of the property, as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment to him of such sum as may, for any cause, be recovered against the defendant.
Page 324 - A conviction cannot be had upon the testimony of an accomplice, unless he be corroborated by such other evidence as...
Page 144 - If the county designated for that purpose in the complaint be not the proper county, the action may, notwithstanding, be tried therein, unless the defendant, before the time for answering expire, demand in writing that the trial be had in the proper county...
Page 213 - States say, that where a court has jurisdiction, it has a right to decide every question which occurs in the cause ; and whether its decision is correct or otherwise, its judgment, until reversed, is regarded as binding in every other court.
Page 329 - All persons concerned in the commission of a crime, whether it be felony or misdemeanor, and whether they directly commit the act constituting the offense, or aid and abet in its commission, or, not being present, have advised and encouraged its commission...