The Pacific Reporter, Volume 138West Publishing Company, 1914 |
From inside the book
Results 1-5 of 100
Page 30
... consideration for the check , and that the parol testimony was admissible to show that fact . He cites a line of authorities to the effect that a fail- ure of consideration may be shown by parol in order to defeat a contract . Those au ...
... consideration for the check , and that the parol testimony was admissible to show that fact . He cites a line of authorities to the effect that a fail- ure of consideration may be shown by parol in order to defeat a contract . Those au ...
Page 36
... consideration is whether the legacy bears interest as claimed . There is no disputed fact . The question is purely one of law . To determine it we need only consider certain provisions of the will , the laws of the state relative to the ...
... consideration is whether the legacy bears interest as claimed . There is no disputed fact . The question is purely one of law . To determine it we need only consider certain provisions of the will , the laws of the state relative to the ...
Page 37
... consideration of the question of whether interest should be allowed on the legacy under the common - law rule . Elaborate and exhaustive argument , with citation of numerous authorities , is made to the effect that interest at common ...
... consideration of the question of whether interest should be allowed on the legacy under the common - law rule . Elaborate and exhaustive argument , with citation of numerous authorities , is made to the effect that interest at common ...
Page 38
... consideration . Mr. Justice Trumbull says : ' It is a rule in the construction of statutes that the expression of one thing is the exclusion of another , and it may well be insisted when the Legislature has enumerated a variety of cases ...
... consideration . Mr. Justice Trumbull says : ' It is a rule in the construction of statutes that the expression of one thing is the exclusion of another , and it may well be insisted when the Legislature has enumerated a variety of cases ...
Page 50
... consideration of two ques- ities of right . Such , however , is not the tions , namely : The validity of the limita- general rule . On the contrary , all consum- tions mentioned in the contracts ; and whethers , generally speaking ...
... consideration of two ques- ities of right . Such , however , is not the tions , namely : The validity of the limita- general rule . On the contrary , all consum- tions mentioned in the contracts ; and whethers , generally speaking ...
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Popular passages
Page 29 - ... may be shown to have been conditional, or for a special purpose only, and not for the purpose of transferring the property in the instrument.
Page 342 - In all other cases, the defendant may be found guilty of any offense the commission of which is necessarily included in that with which he is charged in the indictment
Page 213 - 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 232 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Page 154 - Referendum petitions shall be filed with the secretary of state not more than ninety days after the final adjournment of the session of the legislative assembly which passed the bill on which the referendum is demanded.
Page 304 - Where the instrument is paid by a party secondarily liable thereon, it is not discharged; but the party so paying it is remitted to his former rights as regards all prior parties, and he may strike out his own and all subsequent indorsements, and again negotiate the instrument, except: 1.
Page 361 - ... then the whole sum of principal and interest shall become immediately due and payable at the option of the holder of this note.
Page 148 - The father of an illegitimate child, by publicly acknowledging it as his own, receiving it as such, with the consent of his wife, if he is married, into his family, and otherwise treating it as if it were a legitimate child, thereby adopts it as such; and such child is thereupon deemed for all purposes legitimate from the time of its birth.
Page 96 - No individual, partnership, or corporation, claiming or possessing the frontage or tidal lands of a harbor, bay, inlet, estuary, or other navigable water in this State, shall be permitted to exclude the right of way to such water whenever it is required for any public purpose, nor to destroy or obstruct the free navigation of such water; and the Legislature shall enact such laws as will give the most liberal construction to this provision, so that access to the navigable waters of this State shall...
Page 194 - It is not enough that there is a remedy at law ; it must be plain and adequate, or, in other words, as practical and efficient to the ends of justice and its prompt administration as the remedy in equity.