The Pacific Reporter, Volume 138West Publishing Company, 1914 |
From inside the book
Results 1-5 of 100
Page 26
... EVIDENCE- HEARSAY . On a trial for using instruments on a preg- nant woman with intent to procure a miscar- riage , the testimony of such woman that , in response to an inquiry as to whether he knew any doctor that would help her out of ...
... EVIDENCE- HEARSAY . On a trial for using instruments on a preg- nant woman with intent to procure a miscar- riage , the testimony of such woman that , in response to an inquiry as to whether he knew any doctor that would help her out of ...
Page 28
... EVIDENCE ( § 431 * ) - PAROL EVIDENCE TO VARY WRITING - CHECK . In view of Rev. St. 1908 , § 4479 , declar- ing every contract on a negotiable instrument to be incomplete until delivery for the purpose of giving effect thereto , and ...
... EVIDENCE ( § 431 * ) - PAROL EVIDENCE TO VARY WRITING - CHECK . In view of Rev. St. 1908 , § 4479 , declar- ing every contract on a negotiable instrument to be incomplete until delivery for the purpose of giving effect thereto , and ...
Page 42
... evidence . desks , carpet , chairs , and a telephone ; but when it is charged that this means is re- sorted to for ... evidence of subsequent transactions was not admissible . On this subject the authorities 1. PLEADING ( 8 406 ...
... evidence . desks , carpet , chairs , and a telephone ; but when it is charged that this means is re- sorted to for ... evidence of subsequent transactions was not admissible . On this subject the authorities 1. PLEADING ( 8 406 ...
Page 66
... evidence of its value . If this test has been applied by an actual sale of it , the fact may be proved as evidence of its value . 3 Sutherland on Damages ( 3d Ed . ) § 654 , p . 1897. " They discard their first four selected rules for ...
... evidence of its value . If this test has been applied by an actual sale of it , the fact may be proved as evidence of its value . 3 Sutherland on Damages ( 3d Ed . ) § 654 , p . 1897. " They discard their first four selected rules for ...
Page 108
... evidence was admitted with- out objection on the part of the defendant . The plaintiff also offered proof of the ... EVIDENCE - WAIVER . It cannot be claimed that defendant waived the defense of the statute of frauds , in an ac- tion for ...
... evidence was admitted with- out objection on the part of the defendant . The plaintiff also offered proof of the ... EVIDENCE - WAIVER . It cannot be claimed that defendant waived the defense of the statute of frauds , in an ac- tion for ...
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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.