The Pacific Reporter, Volume 173West Publishing Company, 1918 |
From inside the book
Results 1-5 of 100
Page 6
... ACTION AGAINST PURCHASER - PETITION . it The petition states a cause of action , and was error to sustain the demurrer thereto . Appeal from District Court , Butler County . Action by Frank H. Burnett and others against R. S. Trimmell ...
... ACTION AGAINST PURCHASER - PETITION . it The petition states a cause of action , and was error to sustain the demurrer thereto . Appeal from District Court , Butler County . Action by Frank H. Burnett and others against R. S. Trimmell ...
Page 16
... action against respondent in the year 1912 to recover damages for breach of contract , set- ting forth in its complaint three causes of ac- tion . In the course of two trials in the lower court and two appeals to this court , all but ...
... action against respondent in the year 1912 to recover damages for breach of contract , set- ting forth in its complaint three causes of ac- tion . In the course of two trials in the lower court and two appeals to this court , all but ...
Page 17
... cause of action on the respondent's breach of a writ- ten contract , under which appellant was to be paid 50 cents per cubic yard for the exca- vation and removal of rock from certain land owned by the respondent , payments to be made ...
... cause of action on the respondent's breach of a writ- ten contract , under which appellant was to be paid 50 cents per cubic yard for the exca- vation and removal of rock from certain land owned by the respondent , payments to be made ...
Page 22
... action shall abate by the death of the party if the cause of action survive or continue , an equitable action for rescission of contracts of sale of real and personal property is not abated by death of one of the plaintiffs . 5 ...
... action shall abate by the death of the party if the cause of action survive or continue , an equitable action for rescission of contracts of sale of real and personal property is not abated by death of one of the plaintiffs . 5 ...
Page 24
... action in the matter that has been litigated tion was made in this court by ... cause and some matter was being presented in connection with the decree in ... cause for entry in the court below on May 3 , 1917 , where it was then ...
... action in the matter that has been litigated tion was made in this court by ... cause and some matter was being presented in connection with the decree in ... cause for entry in the court below on May 3 , 1917 , where it was then ...
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Common terms and phrases
affirmed agreement alleged amended amount appellant applied assessment Bank bond cause of action charge claim Cleveland county Code Colo complaint concur contended contract contributory negligence corporation damages deceased decree deed defendant's demurrer denied Digests and Indexes District Court EMINENT DOMAIN employé entitled estoppel evidence fact fendant filed findings held Idaho injury instruction interest issue Judge judgment jurisdiction jury Key-Numbered Digests King County land Le Flore county liability lien mandamus ment mortgage motion negligence notice opinion owner paid parties payment person petition petitioner plain plaintiff in error pleadings proceedings purchase purpose question railroad reason received recover Rehearing remittitur respondent rule Stat statute Superior Court Supreme Court surety testified testimony thereof tiff tion topic and KEY-NUMBER trial court trust Utah verdict Wash witness writ Рас
Popular passages
Page 350 - 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 400 - When there is reason to believe that an impartial trial cannot be had therein ; 3. When the convenience of witnesses and the ends of justice would be promoted by the change.
Page 379 - All property, not exempted from taxation by this Constitution, shall be assessed for taxation at its fair cash value, estimated at the price it would bring at a fair voluntary sale...
Page 74 - All laws should receive a sensible construction. General terms should be so limited in their application as not to lead to injustice, oppression, or an absurd consequence. It will always, therefore, be presumed that the legislature intended exceptions to its language, which would avoid results of this character. The reason of the law in such cases should prevail over its letter.
Page 101 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.
Page 378 - The fundamental rule in construing statutes is to ascertain and give effect to the intention of the legislature.
Page 313 - ... 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 73 - ... sometimes by considering the cause and necessity of making the act, sometimes by comparing one part of the act with another, and sometimes by foreign circumstances. So that they have ever been guided by the intent of the legislature, which they have always taken according to the necessity of the matter and according to that which is consonant to reason and good discretion.
Page 99 - The location must be distinctly marked on the ground so that its boundaries can be readily traced. All records of mining claims hereafter made shall contain the name or names of the locators, the date of the location, and such a description of the claim or claims located by reference to some natural object or permanent monument as will identify the claim. On each claim located after the tenth day of May, eighteen hundred and seventy-two, and until a patent has been issued therefor, not less than...
Page 226 - It is admitted that the rule is difficult of application. But it is generally held that, in order to warrant a finding that negligence or an act not amounting to wanton wrong is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.