The Pacific Reporter, Volume 25West Publishing Company, 1891 "Comprising all the decisions of the Supreme Courts of California, Kansas, Oregon, Washington, Colorado, Montana, Arizona, Nevada, Idaho, Wyoming, Utah, New Mexico, Oklahoma, District Courts of Appeal and Appellate Department of the Superior Court of California and Criminal Court of Appeals of Oklahoma." (varies) |
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Page v
... parties , the fact and date thereof may be shown by any one of them by affidavit . Rule 5. For the purpose of correcting any error or defect in the transcript either party may suggest the same in writing to this court , specifying such ...
... parties , the fact and date thereof may be shown by any one of them by affidavit . Rule 5. For the purpose of correcting any error or defect in the transcript either party may suggest the same in writing to this court , specifying such ...
Page 45
... parties of the first part have in or to the above - described premises , and every part and parcel thereof , with the appurte- nances , to have and to hold all and singular the above mentioned and described prem- to the said party of ...
... parties of the first part have in or to the above - described premises , and every part and parcel thereof , with the appurte- nances , to have and to hold all and singular the above mentioned and described prem- to the said party of ...
Page 47
... parties intended that it should be , and , if it were changed in its form or effect in any particular , it would be what the parties intended it should not be . It is true that Smith desired a different kind of deed , and at the ...
... parties intended that it should be , and , if it were changed in its form or effect in any particular , it would be what the parties intended it should not be . It is true that Smith desired a different kind of deed , and at the ...
Page 57
... parties is a part of the judgment roll which will always show and account for a change of parties by order of court more intelligibly than would a mere change of names in the pleadings . An order of court substituting a party is ...
... parties is a part of the judgment roll which will always show and account for a change of parties by order of court more intelligibly than would a mere change of names in the pleadings . An order of court substituting a party is ...
Page 63
... parties . In witness whereof , the said parties to these presents have hereunto set their hands and seals , the day and year first above written . J. D. GIBBS . [ Seal . ] J. H. RANARD . [ Seal . ] Signed , sealed , and delivered in the ...
... parties . In witness whereof , the said parties to these presents have hereunto set their hands and seals , the day and year first above written . J. D. GIBBS . [ Seal . ] J. H. RANARD . [ Seal . ] Signed , sealed , and delivered in the ...
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Common terms and phrases
affidavit affirmed agreement alleged answer appellant appellee Arapahoe county assigned Atchison county attorney authority bank cause of action charge claim Code Civil Proc Colo complaint concur contract conveyance corporation counsel Court of California creditors Davis decree deed defendant defendant's demurrer district court duly entitled Erwin Eugene Casserly evidence execution executor fact favor fendant filed grant held interest issued John judge judgment jurisdiction jury justice Kansas land liability lien Lyon county ment mortgage motion Multnomah county notice owner paid parties payment person plaintiff in error pleadings possession proceedings promissory note Pueblo county purchase question quiet title quitclaim deed railroad reason record recover rendered respondent rule statute street suit superior court Supreme Court tained testified testimony thereof tiff tion tract verdict witness writ
Popular passages
Page 15 - Executor of this my last will and testament hereby revoking all former wills by me made. In witness whereof I have hereunto set my hand and seal this eighth day of July in the year of our Lord one thousand eight hundred and eighteen.
Page 123 - We think it is a settled principle, growing out of the nature of well ordered civil society, that every holder of property, however absolute and unqualified may be his title, holds it under the implied liability that his use of it may be so regulated, that it shall not be injurious to the equal enjoyment of others having an equal right to the enjoyment of their property, nor injurious to the rights of the community.
Page 304 - Together with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining ; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof...
Page 32 - When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and therefore there can be between the parties and their representatives, or successors in interest, no evidence of the terms of the agreement other than the contents of the writing, except in the following cases: 1.
Page 45 - York, of the second part, witnesseth, that the said parties of the first part for and in consideration of the sum of one dollar lawful money of the United States of America, to them in hand paid by the said party of the second part...
Page 315 - An action may be brought by any person in possession, by himself or his tenant of real property, against any person who claims an estate or interest therein adverse to him. for the purpose of determining such adverse claim, estate or interest.
Page 52 - Where the person on whom service is to be made resides out of the state; or has departed from the state; or cannot, after due diligence, be found within the state; or conceals himself to avoid the service of summons...
Page 395 - A witness is allowed to refresh his memory respecting a fact, by anything written by himself, or under his direction, at the time when the fact occurred, or immediately thereafter, or at any other time when the fact was fresh in his memory, and he knew that the same was correctly stated in the writing.
Page 121 - That if any common carrier subject to the provisions of this Act shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect, or receive from any person or persons a greater or less compensation...
Page 319 - Speaking of the exceptions to the general rule, that parol evidence is not admissible to contradict or vary the terms of a written instrument, Mr.