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action affirmed agent agreed agreement alleged allowed amount answer appellant appellee application assignment attachment authority bank bill bond brought cause charge circumstances claim Colo complaint conclusion condition consideration construction contract corporation counsel county court creditors damages debt decision decree deed defendant delivered determine district court ditch duty effect entered entire entitled error established evidence executed existence fact filed give given held injury instruction interest issued judgment jurisdiction jury land lien limitations matter ment mortgage necessary notice objection opinion owner paid parties payment person plaintiff possession present proceedings proof proper purchase question reason received record recover reference regard rendered respecting result reversed rule statement statute sufficient suit sustained taken testimony tion trial verdict
Page xxvii - He prayeth well, who loveth well Both man and bird and beast. He prayeth best, who loveth best All things both great and small; For the dear God who loveth us, He made and loveth all.
Page 138 - All patents granted, or preemption or homesteads allowed, shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or recognized by the preceding section.
Page 474 - This agreement, made and entered into this day of 1907, between OI Peterson, party of the first part, and Alpheus C. Miller, party of the second part : Witnesseth, That whereas, the party of the first part is the owner...
Page 141 - STORY delivered the opinion of the Court. This is a writ of error to the circuit court of the district of Kentucky.
Page 244 - The right accrues from appropriation; this appropriation is the intent to take, accompanied by some open, physical demonstration of the intent and for some valuable use.
Page 476 - Instrument as free and voluntary act, for the uses and purposes therein set forth. Given under my hand and seal, this day of AD 19—.
Page 536 - ... in case of any fraud or false swearing by the insured touching any matter relating to this insurance or the subject thereof, whether before or after a loss.
Page 391 - When the jury have agreed upon their verdict, they must be conducted into court by the officer having them in charge. Their names must then be called, and if all do not appear, the rest must be discharged without giving a verdict. In that event, the cause may be again tried, at the same or another term.
Page 94 - But, if there is no appearance of the defendant, and no service of process on him, the case becomes, in its essential nature, a proceeding in rem, the only effect of which is to subject the property attached to the payment of the demand which the court may find to be due to the plaintiff.
Page 426 - All laws relating to courts shall be general and of uniform operation; and the organization, jurisdiction, powers, proceedings and practice of all courts of the same class or grade, so far as regulated by law, and the force and effect of the process, judgments and decrees of such courts, severally, shall be uniform.