The Pacific Reporter, Volume 146West Publishing Company, 1915 |
From inside the book
Results 1-5 of 100
Page 16
... DETERMINATION . OF The nature of a suit , in the first instance , is to be determined by the allegations of the petition , not from its caption . [ Ed . Note . - For other cases , see Pleading , Cent . Dig . §§ 107-111 ; Dec. Dig . 49 ...
... DETERMINATION . OF The nature of a suit , in the first instance , is to be determined by the allegations of the petition , not from its caption . [ Ed . Note . - For other cases , see Pleading , Cent . Dig . §§ 107-111 ; Dec. Dig . 49 ...
Page 25
... determined that the law cannot be sustained as local or special legislation , its validity must then be determined by apply- ing to it the rules applicable to general leg- The original act establishing superior courts is chapter 14 ...
... determined that the law cannot be sustained as local or special legislation , its validity must then be determined by apply- ing to it the rules applicable to general leg- The original act establishing superior courts is chapter 14 ...
Page 41
... determined by the Supreme Court , and it is quite plain to us that the reason the Supreme Court did not remand with instructions to render judgment was that it wanted to leave the case open for the parties entitled to the set - off to ...
... determined by the Supreme Court , and it is quite plain to us that the reason the Supreme Court did not remand with instructions to render judgment was that it wanted to leave the case open for the parties entitled to the set - off to ...
Page 49
... determined by Watt , asking that Watt draw upon Mrs. Bro- the lower court in the first instance upon dies for the ... determination of a motion for Watt , in reply , on September 17 , 1908 , mailed a new trial . Our examination of the ...
... determined by Watt , asking that Watt draw upon Mrs. Bro- the lower court in the first instance upon dies for the ... determination of a motion for Watt , in reply , on September 17 , 1908 , mailed a new trial . Our examination of the ...
Page 95
... determined by a former judgment , which appears to have been so determined , or which was necessarily includ- ed therein or necessary thereto , a judgment which is not based on the merits is no bar to another action on the same issues ...
... determined by a former judgment , which appears to have been so determined , or which was necessarily includ- ed therein or necessary thereto , a judgment which is not based on the merits is no bar to another action on the same issues ...
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Common terms and phrases
action adverse possession affirmed agent agreement alleged amended answer APPEAL AND ERROR attorney authority bond cause cause of action Cent charge Cherokee County claim Code Colo complaint concur Constitution contended contract corporation counsel criminal damages decree deed defendant in error defendant's demurrer denied District Court duty eminent domain engine entitled evidence executed fact fendant filed held Idaho injury instructions issue Judge judgment jury land Larimer county lease Legislature lien Lumber ment mortgage motion negligence Note Note.-For offense Oklahoma owner parties payment person petition plain plaintiff in error pleadings possession proceedings purchase question quiet title quitclaim deed railroad reason record rendered res judicata respondent rule statute sufficient Superior Court Supreme Court sustained testified testimony therein thereof tidelands tiff tion trial court verdict Wash witness
Popular passages
Page 118 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page 337 - The primary cause may be the proximate cause of a disaster, though it may operate through successive instruments, as an article at the end of a chain may be moved by a force applied to the other end, that force being the proximate cause of the movement, or as in the oft-cited case of the squib thrown in the market place.
Page 170 - Personal liberty," it has been well said, "consists in the power of locomotion, of changing situation, or removing one's person to whatsoever place one's own inclination may direct, without imprisonment or restraint, unless by due course of law.
Page 218 - ... if (any usage or custom of trade or manufacture to the contrary notwithstanding) there be kept, used, or allowed on the above described premises, benzine...
Page 119 - The case was tried to a jury and resulted in a verdict and judgment in favor of the defendant.
Page 47 - This grant, made the . . day of , in the year , between AB, of , of the first part, and CD, of , of the second part, witnesseth : " That the party of the first part...
Page 84 - Any county, city, town, or township may make and enforce within its limits all such local, police, sanitary, and other regulations as are not in conflict with general laws.
Page 195 - When, through fraud or a mutual mistake of the parties, or a mistake of one party, which the other at the time knew or suspected, a written contract does not truly express the intention of the parties, it may be revised on the application of a party aggrieved, so as to express that intention, so far as it can be done without prejudice to rights acquired by third persons, in good faith and for value.
Page 88 - ... citizens of the United States, or shall have declared their intention to become such...
Page 110 - ... in the compounding of prescriptions or other medicines, the sale of which would not subject him to the payment of the special tax required of liquor dealers by the United States, and...