The Pacific Reporter, Volume 146West Publishing Company, 1915 |
From inside the book
Results 1-5 of 99
Page 10
... pleadings or the proof , but also erred in declaring the law thereupon . This is prejudicial , for the reason that the same was so oft repeated in the charge as to lead us to believe the jury went off on it and found for plaintiff upon ...
... pleadings or the proof , but also erred in declaring the law thereupon . This is prejudicial , for the reason that the same was so oft repeated in the charge as to lead us to believe the jury went off on it and found for plaintiff upon ...
Page 18
... pleadings when filed in a justice of the peace court , but we think it clearly sets out the contract of employment , alleges its breach , and that the breach thereof resulted in the damage claimed . That therefore it should be properly ...
... pleadings when filed in a justice of the peace court , but we think it clearly sets out the contract of employment , alleges its breach , and that the breach thereof resulted in the damage claimed . That therefore it should be properly ...
Page 19
... pleadings . pleaded in the answer . In such a suit , it is not a complete defense to plead and prove that the servant has had , or by the exercise of reasonable diligence might have had , oth- er employment . Such evidence does not jus ...
... pleadings . pleaded in the answer . In such a suit , it is not a complete defense to plead and prove that the servant has had , or by the exercise of reasonable diligence might have had , oth- er employment . Such evidence does not jus ...
Page 39
... pleadings , together with the evidence ad- duced upon the trial and the findings and conclusions of this court thereon upon the appeal , are correctly stated in the opinion of this court by Commissioner Brewer as fol- " This suit was ...
... pleadings , together with the evidence ad- duced upon the trial and the findings and conclusions of this court thereon upon the appeal , are correctly stated in the opinion of this court by Commissioner Brewer as fol- " This suit was ...
Page 40
... Pleadings could be amended , supplementary pleadings filed , and new issues formed under proper restric- The case in 8 Okl . 514 , 58 Pac . 654 , was before the Supreme Court on a second ap- peal . Chief Justice Burford , rendering the ...
... Pleadings could be amended , supplementary pleadings filed , and new issues formed under proper restric- The case in 8 Okl . 514 , 58 Pac . 654 , was before the Supreme Court on a second ap- peal . Chief Justice Burford , rendering the ...
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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...