The Pacific Reporter, Volume 158West Publishing Company, 1916 |
Contents
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Common terms and phrases
affidavit affirmed alleged APPEAL AND ERROR application attorney authority Bank Big Lost River bill bond Carter county cause of action Cent claim Code Colo complaint concur Constitution construction contract counsel damages deceased deed defendant in error defendant's demurrer denied District Court entitled evidence fact fendant filed guardian held injury instruction Judge judgment June jurisdiction jury land last clear chance Latah county Legislature liability lien lumber ment mortgage motion MUNICIPAL CORPORATIONS negligence Note.-For notice opinion owner paid parties payment person petition Pittsburg county plaintiff in error pleadings proceeding purchase question quitclaim deed railroad reason record recover respondent reversed rule statute street Superior Court Supreme Court surety sustained testified testimony thereof tiff tion tract tract index trial court verdict Wash witness writ
Popular passages
Page 352 - Where a signature is forged or made without the authority of the person whose signature it purports to be, it is wholly inoperative, and no right to retain the instrument, or to give a discharge therefor, or to enforce payment thereof against any party thereto, can be acquired through or under such signature, unless the party against whom it is sought to enforce such right is precluded from setting up the forgery or want of authority.
Page 156 - A person has no property, no vested interest, in any rule of the common law. That is only one of the forms of municipal law, and is no more sacred than any other. Rights of property, which have been created by the common law, cannot be taken away without due process ; but the law itself, as a rule of conduct, may be changed at the will or even at the whim of the Legislature, unless prevented by constitutional limitations. Indeed, the great office of statutes is to remedy defects in the common law...
Page 355 - ... unless, before or at the time of incurring such indebtedness, provision shall be made for the collection of an annual tax sufficient to pay the Interest on such indebtedness as it fa.lls due, and also provision to constitute a sinking fund for the payment of the principal thereof on or before maturity, which shall not exceed forty years from the time of contracting the same.
Page 137 - All persons shall be bailable by sufficient sureties, except for capital offenses where the proof is evident, or the presumption great.
Page 286 - ... unless the same be accompanied by an immediate delivery, and be followed by an actual and continued change of possession of the things sold...
Page 282 - That a thing once proved to exist continues as long as is usual with things of that nature; 33.
Page 308 - Signed, sealed, published and declared by the said William Kemp as and for his last will and testament in the presence of us, who at his request and in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses.
Page 241 - A witness may be impeached by the party against whom he was called, by contradictory evidence or by evidence that his general reputation for truth, honesty, or integrity is bad, but not by evidence of particular wrongful acts, except that it may be shown by the examination of the witness, or the record of the judgment, that he had been convicted of a felony.
Page 215 - The causative danger must be peculiar to the work, and not common to the neighborhood. It must be incidental to the character of the business, and not independent of the relation of master and servant. It need not have been foreseen or expected, but after the event it must appear to have had its origin in a risk connected with the employment, and to have flowed from that source as a rational consequence.
Page 41 - White persons of foreign birth, who shall have declared their intention to become citizens conformably to the laws of the United States on the subject of naturalization.