The Pacific Reporter, Volume 172West Publishing Company, 1918 |
From inside the book
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Page 44
... referred to is as follows : " That the measure of damages is three times such sum as would compensate for actual detri- ment , except where the trespass was casual and involuntary , or committed under the be- lief that the land belonged ...
... referred to is as follows : " That the measure of damages is three times such sum as would compensate for actual detri- ment , except where the trespass was casual and involuntary , or committed under the be- lief that the land belonged ...
Page 46
... referred all issues respecting an accounting between the partners , from which decree defendant prosecutes error . [ 1 ] The only question properly presented is whether the evidence was sufficient to sus- tain the judgment . There is no ...
... referred all issues respecting an accounting between the partners , from which decree defendant prosecutes error . [ 1 ] The only question properly presented is whether the evidence was sufficient to sus- tain the judgment . There is no ...
Page 59
... referred to what equity denominates ' fraud , ' either actual or con- wherein the plaintiff and one Moss entered structive , including acts of omission in viola- into an agreement with Cloud , the owner of tion of fiduciary obligations ...
... referred to what equity denominates ' fraud , ' either actual or con- wherein the plaintiff and one Moss entered structive , including acts of omission in viola- into an agreement with Cloud , the owner of tion of fiduciary obligations ...
Page 72
... referred to therein . " [ 5 , 6 ] There is no evidence whatever in the record that the merchandise deteriorated in value during the delay in transit , and if they did so deteriorate the amount therefor is not shown , consequently there ...
... referred to therein . " [ 5 , 6 ] There is no evidence whatever in the record that the merchandise deteriorated in value during the delay in transit , and if they did so deteriorate the amount therefor is not shown , consequently there ...
Page 97
... referred to March 14 , 1903. The decree of the lower court awarded to appel- lant a water right with a priority as of the latter date applicable to 4,109.68 acres . The lands covered by this priority under the de- cree of the circuit ...
... referred to March 14 , 1903. The decree of the lower court awarded to appel- lant a water right with a priority as of the latter date applicable to 4,109.68 acres . The lands covered by this priority under the de- cree of the circuit ...
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Common terms and phrases
affirmed agent alleged amended amount appellant appellant's application April assignment attorney authority bank bond carrier cause of action charged City claim Code Colo common carrier complaint concur contract corporation counsel court of equity creditors damages deceased decree deed defendant's demurrer dence denying Digests and Indexes district court entitled evidence execution fact fendant filed fund held instructions Judge judgment jurisdiction jury justice Key-Numbered Digests King County land liability lien ment mortgage motion negligence notice ordinance paid party pawnbrokers payment person petition plaintiff in error proceeding purchase purpose question quiet title reason received replevin respondent rule statute Superior Court Supreme Court Surety Company testified testimony thereof tiff tion topic and KEY-NUMBER trial court trust Utah verdict W. O. Mitchell Wash wife witness writ Yuma county
Popular passages
Page 344 - 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 417 - Judge prove adverse, contradict him by other evidence, or, by leave of the Judge, prove that he has made at other times a statement inconsistent with his present testimony ; but before such last-mentioned proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement.
Page 70 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be 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...
Page 36 - For the recovery of real property, or of an estate or interest therein, or for the determination, in any form, of such right or interest, and for injuries to real property; "2.
Page 112 - Together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof...
Page 389 - The detriment caused by the breach of an agreement to . convey an estate in real property, is deemed to be the price paid, and the expenses properly incurred in examining the title and preparing the necessary papers, with interest thereon; but adding thereto, in case of bad faith, the difference between the price agreed to be paid and the value of the estate agreed to be conveyed, at the time of the breach, and the expenses properly incurred in preparing to enter upon the land.
Page 152 - Extortion is the obtaining of property from another with his consent, induced by a wrongful use of force, or fear, or under color of official right.
Page 434 - No law shall be revived, amended, or the provisions thereof extended or conferred, by reference to its title only, but so much thereof as is revived, amended, extended or conferred shall be reenacted and published at length.
Page 93 - An action against a Sheriff, Coroner or Constable, upon a liability incurred by the doing of an act in his official capacity, and in virtue of his office, or by the omission of an official duty, including the non-payment of money collected upon an execution. But this Section shall not apply to an action for an escape.
Page 229 - To bring a person within the description of a common carrier he must exercise it as a public employment: he must undertake to carry goods for persons generally; and he must hold himself out as ready to engage in the transportation of goods for hire, as a business, not as a casual occupation pro hoc vice.