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
... pleading , and shall set forth fully the sub- stance of the pleadings and of the evidence , if any , and the points relied upon for the reversal of the judgment or decree ; and appellant shall refer to the page numbers in the transcript ...
... pleading , and shall set forth fully the sub- stance of the pleadings and of the evidence , if any , and the points relied upon for the reversal of the judgment or decree ; and appellant shall refer to the page numbers in the transcript ...
Page 5
... pleadings . Both of these were material issues . One of them , at least , must have been found in favor of the ... pleading or paper for such description . Such a judgment is bad for uncertainty . Welch v . Smith , 45 Cal . 230 ; Kelley ...
... pleadings . Both of these were material issues . One of them , at least , must have been found in favor of the ... pleading or paper for such description . Such a judgment is bad for uncertainty . Welch v . Smith , 45 Cal . 230 ; Kelley ...
Page 29
... pleadings , are as follows : On Au- gust 18 , 1887 , J. W. Story and one Jack- son made a joint note to respondent , the bank , for $ 1,000 , and also a note with one Severance for $ 1,200 to the bank , each at 60 days . That on these ...
... pleadings , are as follows : On Au- gust 18 , 1887 , J. W. Story and one Jack- son made a joint note to respondent , the bank , for $ 1,000 , and also a note with one Severance for $ 1,200 to the bank , each at 60 days . That on these ...
Page 30
... pleadings in the case were filed after the notes became due . The bank has never presented said notes for allowance to the administrator . The plaintiff , ad- ministrator , sues the bank for $ 1,161.68 , the amount of money on deposit ...
... pleadings in the case were filed after the notes became due . The bank has never presented said notes for allowance to the administrator . The plaintiff , ad- ministrator , sues the bank for $ 1,161.68 , the amount of money on deposit ...
Page 32
... pleading of defendant . Plaintiff then moved for judgment on the pleadings , which motion was granted , and judgment entered accordingly , from which order and judgment defendant ap- peals . McConnell & Cloyberg , for appellant . Toole ...
... pleading of defendant . Plaintiff then moved for judgment on the pleadings , which motion was granted , and judgment entered accordingly , from which order and judgment defendant ap- peals . McConnell & Cloyberg , for appellant . Toole ...
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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.