The Pacific Reporter, Volume 146West Publishing Company, 1915 |
From inside the book
Results 1-5 of 100
Page 15
... suit in mandamus brought against Geo . A. Johns , county judge of Okmulgee county , to require him to pay to the defendant in error the sum of $ 500 , which had been deposited in lieu of bail for one Frazier , standing charged with a ...
... suit in mandamus brought against Geo . A. Johns , county judge of Okmulgee county , to require him to pay to the defendant in error the sum of $ 500 , which had been deposited in lieu of bail for one Frazier , standing charged with a ...
Page 16
... SUIT - 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 ...
... SUIT - 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 ...
Page 17
... suit is able to the owner for the value of the prop- founded . There can be no wrongful con- erty , and it would be quite immaterial what version of property through an act which is disposition he had made of it or its pro- done at the ...
... suit is able to the owner for the value of the prop- founded . There can be no wrongful con- erty , and it would be quite immaterial what version of property through an act which is disposition he had made of it or its pro- done at the ...
Page 18
... suit , as shown by the petition , is not a suit for breach of contract , but rather one for wages " constructively earned , " and that therefore the suit could not be brought un- til after the expiration of the term of the contract . We ...
... suit , as shown by the petition , is not a suit for breach of contract , but rather one for wages " constructively earned , " and that therefore the suit could not be brought un- til after the expiration of the term of the contract . We ...
Page 19
... 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- tify the breach , but may be resorted to in ...
... 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- tify the breach , but may be resorted to in ...
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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...