The Pacific Reporter, Volume 121West Publishing Company, 1912 |
From inside the book
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Page 13
... effect shall evidence to be insufficient . After this motion be given to facts stated in a separate affirma- was argued , the trial court seemed to be of tive defense where such facts are contrary the opinion that the evidence was ...
... effect shall evidence to be insufficient . After this motion be given to facts stated in a separate affirma- was argued , the trial court seemed to be of tive defense where such facts are contrary the opinion that the evidence was ...
Page 14
... effect shall be given to the statements or admissions contained therein , then the jury , and not the court , determines the mean- ing and effect of pleadings . were . testimony is that , while from long experience. [ 2 ] True it is that ...
... effect shall be given to the statements or admissions contained therein , then the jury , and not the court , determines the mean- ing and effect of pleadings . were . testimony is that , while from long experience. [ 2 ] True it is that ...
Page 47
... effect that stipulations against an assignment of a lease , or against a subletting , are to be strictly con- strued . Discussing covenants not to assign or underlet , Taylor , in the ninth edition of his work on Landlord & Tenant , at ...
... effect that stipulations against an assignment of a lease , or against a subletting , are to be strictly con- strued . Discussing covenants not to assign or underlet , Taylor , in the ninth edition of his work on Landlord & Tenant , at ...
Page 54
... effect of the clause above set out in the mortgage . It was held by the trial court that such clause did not have the effect to confer upon the plaintiffs any right to possession of the property , while the appellants contend that such ...
... effect of the clause above set out in the mortgage . It was held by the trial court that such clause did not have the effect to confer upon the plaintiffs any right to possession of the property , while the appellants contend that such ...
Page 74
... effect the death of deceased , but was done by the defendant without any design to effect his death , and that it was done el- ther voluntarily upon sudden heat , or invol- untarily but in the commission of some un- lawful act , and are ...
... effect the death of deceased , but was done by the defendant without any design to effect his death , and that it was done el- ther voluntarily upon sudden heat , or invol- untarily but in the commission of some un- lawful act , and are ...
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Common terms and phrases
Ada county affidavit affirmed alleged APPEAL AND ERROR appellant appellee assessment authority bank cause of action Cent certificate charge claim Code Colo complaint Constitution contract counsel county seat court of equity damages decree deed demurrer denied District Court ditch Eminent Domain entitled equity evidence executed fact fendant filed granted held Idaho injury instruction issued judge judgment jury Kay county King County land liable lien ment mortgage motion MUNICIPAL CORPORATIONS negligence Note Note.-For notice NUMBER in Dec owner parties payment person petition plaintiff in error pleadings possession proceedings purchase purpose question quiet title railroad reason record Rep'r Indexes replevin respondent rule section NUMBER Series & Rep'r statute Superior Court Supreme Court testified testimony thereof tiff tion topic and section tract trial court trust verdict Wash witness
Popular passages
Page 430 - An accommodation party is one who has signed the instrument as maker, drawer, acceptor or indorser, without receiving value therefor, and for the purpose of lending his name to some other person. Such a person is liable on the instrument to a holder for value, notwithstanding such holder at the time of taking the instrument knew him to be only an accommodation party.
Page 204 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Page 118 - By reason of the negligence of any person in the service of the employer who has any superintendence entrusted to him whilst in the exercise of such superintendence...
Page 230 - In case of the death, or other disability, of a party, the court, on motion, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
Page 184 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 239 - All laws in force in the Territory of Oklahoma at the time of the admission of the State into the Union, which are not repugnant to this constitution, and which are not locally inapplicable, shall be extended to and remain in force in the State of Oklahoma until they expire by their own limitation or are altered or repealed by law.
Page 91 - The use of all water now appropriated, or that may hereafter be appropriated, for sale, rental, or distribution, is hereby declared to be a public use, and subject to the regulation and control of the State, in the manner to be prescribed by law...
Page 267 - State do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries thereof...
Page 426 - ... without due process of law, contrary to the Fourteenth Amendment of the Constitution of the United States.
Page 282 - In superior courts a receiver may be appointed by the court in which an action or proceeding is pending, or by a judge thereof, in the following cases: 1. In an action by a vendor to vacate a fraudulent purchase of property...