The Pacific Reporter, Volume 34West Publishing Company, 1894 "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) |
From inside the book
Results 1-5 of 82
Page 36
... evidence does not disclose any abuse of judicial discretion in overruling the motion for a new trial , the judgment will not be disturbed . Appeal from district court , Park county ; Frank Henry , Judge . Action by Getchell L. Mattock ...
... evidence does not disclose any abuse of judicial discretion in overruling the motion for a new trial , the judgment will not be disturbed . Appeal from district court , Park county ; Frank Henry , Judge . Action by Getchell L. Mattock ...
Page 38
... evidence of unprofessional witnesses which might be construed into meaning that there was some want of care , yet on the whole the evidence seems to show that as good care as the circumstances would admit of was bestowed upon appel ...
... evidence of unprofessional witnesses which might be construed into meaning that there was some want of care , yet on the whole the evidence seems to show that as good care as the circumstances would admit of was bestowed upon appel ...
Page 44
... EVIDENCE - JUS- TIFICATION - MITIGATION OF DAMAGES . 1. In an action for driving to town sheep which had become mingled with defendant's , the latter may show that he was justified in so driving the sheep to town , in order to separate ...
... EVIDENCE - JUS- TIFICATION - MITIGATION OF DAMAGES . 1. In an action for driving to town sheep which had become mingled with defendant's , the latter may show that he was justified in so driving the sheep to town , in order to separate ...
Page 64
... evidence in the record before us . If the evidence was conflicting , if there was any dispute about the details or circumstances as to what occurred , if any state of facts sustained by the evidence would indicate neg- ligence on the ...
... evidence in the record before us . If the evidence was conflicting , if there was any dispute about the details or circumstances as to what occurred , if any state of facts sustained by the evidence would indicate neg- ligence on the ...
Page 80
... evidence supports the find- ing that plaintiff sold the materials to Steb- bins ; the evidence being strongly to the point that they were sold to a company called the " Elec . Construction Co. " But , waiving that point , it is clear ...
... evidence supports the find- ing that plaintiff sold the materials to Steb- bins ; the evidence being strongly to the point that they were sold to a company called the " Elec . Construction Co. " But , waiving that point , it is clear ...
Contents
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Common terms and phrases
adverse possession affirmed alleged amount Appeal from superior appellant Arapahoe county assessment assigned attorney authority cause of action certificate charged Cherokee Cherokee Nation Cherokee outlet claim clerk Code Civil Proc Colo complaint concur constitution contract corporation counsel court of equity decree deed defendant defendant's demurrer denied district court enrolled act entitled error evidence execution fact favor fendant filed held homestead interest issue Judge judgment jury land legislature liable lien Los Angeles county ment mortgage motion negligence opinion owner paid party payment person plaintiff plaintiff in error pleadings possession proceedings purchase purpose question Railroad reason record recover respondent reversed rule sheriff statute sufficient suit superior court Supreme Court taxes testimony thereof tiff tion trial trust verdict Wash witnesses writ
Popular passages
Page 43 - ... if they render a general verdict, to find upon particular questions of fact, to be stated in writing, and may direct a written finding thereon.
Page 96 - The cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
Page 324 - All patents granted, or preemption or homesteads allowed, shall be subject to any vested and accrue'd water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or recognized by this section.
Page 100 - All contracts for the sale of shares of the capital stock of any corporation or association, on margin or to be delivered at a future day, shall be void, and any money paid on such contracts may be recovered by the party paying it by suit in any Court of competent jurisdiction.
Page 16 - ... within sixty days after the fire, unless such time is extended in •writing by this company, shall render a statement to this company, signed and sworn to by said insured, stating the knowledge and belief of the insured as to the time and origin of the fire; the interest of the insured and of all others in the property; the cash value of each item thereof and the amount of loss thereon...
Page 141 - ... if the interest of the insured be other than unconditional and sole ownership; or if the subject of insurance be a building on ground not owned by the insured in fee simple...
Page 271 - ... unless the same be accompanied by an immediate delivery, and be followed by an actual and continued change of possession of the things sold...
Page 68 - That the constitution and all laws of the United States which are not locally inapplicable, shall have the s*ame force and effect within the said territory of Nebraska as elsewhere within the United States...
Page 220 - If an action is pending against the decedent at the time of his death, the plaintiff must in like manner present his claim to the executor or administrator, for allowance or rejection, authenticated as required in other cases; and no recovery shall be had in the action unless proof be made of the presentation required.
Page 344 - ... upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect...