The Pacific Reporter, Volume 68West Publishing Company, 1902 |
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affirmed alleged amended amount appeal appellant Arapahoe county assessment attorney authority bill Callvert cause of action charge claim Code Colo complaint contract corporation coun counsel court of equity damages deceased decree deed defendant defendant's demurrer dence denied district court ditch duty entitled evidence fact fendant filed granted held husband injunction injury instruction irrigation issued Judge judgment jurisdiction jury King county lien lumber March 18 ment motion negligence objection opinion owner party payment person petition Pierce county plain plaintiff in error pleadings premises proceedings purchase purpose question railroad reason record recover Reno county respondent rule Sonoma Valley statute sufficient suit superior court Supreme Court sustained testified testimony thereof tide lands tiff tion tract trial court Utah verdict Wash wife witness writ
Popular passages
Page 324 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.
Page 168 - ... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a court of law, or of which he might have availed himself at law, but was prevented by fraud or accident, unmixed with any fault or negligence in himself or his agents, will justify an application to a court of chancery.
Page 220 - The records and judicial proceedings of the courts of any state or territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice or presiding magistrate, that the said attestation is in due form.
Page 213 - ... to the satisfaction of the jury, by a preponderance of the evidence; and a reasonable doubt of the defendant's sanity, raised by all the evidence, does not authorize an acquittal.
Page 296 - Every act shall embrace but one subject and matters properly connected therewith; which subject shall be expressed in the title. But if any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
Page 108 - Anything which is injurious to health or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Page 382 - And where the testimony leaves the matter uncertain and shows that any one of half a dozen things may have brought about the injury, for some of which the employer is responsible and for some of which he is not, it is not for the jury to guess between these half a dozen causes and find that the negligence of the employer was the real cause, when there is no satisfactory foundation in the testimony for that conclusion.
Page 419 - ... where the charge has been preliminarily examined before a committing magistrate and the testimony taken down by question and answer in the presence of the defendant, who has, either in person or by counsel, crossexamined or had an opportunity to cross-examine the witness...
Page 310 - Every covenant contained in a grant of an estate in real property, which is made for the direct benefit of the property, or some part of it then in existence, runs with the land. 1463. The last section includes covenants "of warranty", "for quiet enjoyment...
Page 346 - At the first meeting of the council, after its organization, they shall elect a city clerk, who shall hold his office for the term of one year, and until his successor is elected and qualified.