The Pacific Reporter, Volume 157West Publishing Company, 1916 |
Other editions - View all
Common terms and phrases
affirmed agreement alleged amended amount answer APPEAL AND ERROR appellant appellee attorney brings error case-made cause of action Cent claim Colo complaint contract contributory negligence corporation counsel damages deceased decree deed defendant in error defendant's demurrer denied District Court duty employé evidence executed fact fendant filed franchise fraud granted held injury instruction Irene Stewart issue Judge judgment jury land liability lien loan ment mortgage motion National Bank negligence Note.-For Oklahoma City opinion overruled paid parties payment person petition plain plaintiff in error pleadings promissory notes purchase question quiet title reason record recover Rehearing rendered replevin reversed rule statute supra Supreme Court surety sustained Syllabus testified testimony thereof tiff tion tract trial court verdict warranty deed Wash Wichita Falls witness
Popular passages
Page 323 - Upon principle, every statute which takes away or impairs vested rights acquired under existing laws, or creates a new obligation, imposes a new duty, or attaches a new disability, in respect to transactions or considerations already past, must be deemed retrospective.
Page 214 - The court may before or after judgment, in furtherance of justice and on such terms as may be proper, amend any pleading or proceeding, by adding or striking out the name of any party; or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 154 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.
Page 29 - The interest mentioned in the statute which entitles a person to intervene in a suit between other parties must be in the matter in litigation, and of such a direct and immediate character that the intervener will either gain or lose by the direct legal operation and effect of the judgment.
Page 313 - ... 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Page 8 - All persons concerned in the commission of a crime, whether it be felony or misdemeanor, and whether they directly commit the act constituting the offense, or aid and abet in its commission, or, not being present, have advised and encouraged its commission...
Page 154 - If the action be against defendants severally liable, he may proceed against the defendants served in the same manner as if they were the only defendants; . 3.
Page 29 - An intervention takes place -when a third person is permitted to become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendant in resisting the claims of the plaintiff, or by demanding anything adversely to both the plaintiff and the defendant...
Page 375 - Under this test, if the injury can be seen to have followed as a natural incident of the work and to have been contemplated by a reasonable person familiar with the whole situation as a result of the exposure occasioned by the nature of the employment, then it arises 'out of the employment.
Page 383 - Richards prayed for a dissolution of the co-partnership, and for the appointment of a receiver to take charge of the assets of the firm of Richards & Co.