Reports of Cases Argued and Determined in the Supreme Court of the Territory of Arizona, Volume 3Bancroft-Whitney Company, 1904 |
From inside the book
Results 1-5 of 70
Page 1
... , that the affidavit of the witness could not be considered as bearing upon his credibility , was the statement of the law , and in no way trespassed upon the province of the jury . 6. CRIMINAL LAW - MORAL CERTAINTY - REASONABLE DOUBT .
... , that the affidavit of the witness could not be considered as bearing upon his credibility , was the statement of the law , and in no way trespassed upon the province of the jury . 6. CRIMINAL LAW - MORAL CERTAINTY - REASONABLE DOUBT .
Page 4
... considered by the jury as bearing upon his credibility , was the statement of the law , and in no way trespassed upon the province of the jury . The instructions laid down the law correctly . Proof to a moral certainty is not required ...
... considered by the jury as bearing upon his credibility , was the statement of the law , and in no way trespassed upon the province of the jury . The instructions laid down the law correctly . Proof to a moral certainty is not required ...
Page 10
... considered as given at the new trial , subject to legal objections , etc. The case was tried by the court without the intervention of a jury . The court found for the plaintiff and appellee , whereupon the defendants and appellants duly ...
... considered as given at the new trial , subject to legal objections , etc. The case was tried by the court without the intervention of a jury . The court found for the plaintiff and appellee , whereupon the defendants and appellants duly ...
Page 28
... considered in this court is the question of laches . We submit that the statute of limitations applies with equal force under our statutes to actions at law and suits in equity . Mere delay or laches in bringing suit for land short of ...
... considered in this court is the question of laches . We submit that the statute of limitations applies with equal force under our statutes to actions at law and suits in equity . Mere delay or laches in bringing suit for land short of ...
Page 46
... respective jurisdictions . Indeed , we are constrained to hold that , as the great bulk of well - considered American decisions and the positive prepon- derance of reason favor the doctrine , this power was 46 [ 3 Ariz . BRYAN V. PINNEY .
... respective jurisdictions . Indeed , we are constrained to hold that , as the great bulk of well - considered American decisions and the positive prepon- derance of reason favor the doctrine , this power was 46 [ 3 Ariz . BRYAN V. PINNEY .
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Common terms and phrases
action affirmed alleged Apache County ARIZ assignment of errors authority Bank bill of exceptions board of supervisors bond cause cited Civil claim clerk complaint concur Congress constitution construed contract courts of equity criminal debt deed Defendant and Appellant demurrer dismissed district attorney district court dollars eminent domain equity evidence execution filed fixed by law foreclosure fraud grant held issue January 16 judge judgment judgment debtor jurisdiction jury Kibbey land lative legislative assembly legislature levy ment mortgage motion nonsuit notice officer opinion parties patent Pima Pima County Plaintiff and Appellee pleadings possession proceedings provides question record rendered Revised Statutes rule Sanchez says session sheriff sheriff's deed special term statement of facts STATS suit supra supreme court sureties taxes TERRITORY OF ARIZONA thereof tion United valid witness writ writ of assistance Yavapai Yavapai County
Popular passages
Page 260 - That the legislative power of the Territory shall extend to all rightful subjects of legislation, consistent with the Constitution of the United States and the provisions of this act; but no law shall be passed interfering with the primary disposal of the soil...
Page 294 - ... where one by his words or conduct wilfully causes another to* believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 334 - ... an application for a patent for such placer claim which does not include an application for the vein or lode claim shall be construed as a conclusive declaration that the claimant of the placer claim has no right of possession of the vein or lode claim...
Page 248 - A new trial is a re-examination of an issue of fact in the same court after a trial and decision by a jury or court, or by referees.
Page 307 - ... the United States now solemnly agrees that no persons except those herein designated and authorized so to do, and except such officers, agents, and employees of the Government as may be authorized to enter upon Indian reservations in discharge of duties enjoined by law, shall ever be permitted to pass over, settle upon, or reside in the territory described in this article...
Page 271 - Amendment, broad and comprehensive as it is, nor any other amendment was designed to interfere with the power of the State, sometimes termed its ' police power,' to prescribe regulations to promote the health, peace, morals, education and good order of the people, and to legislate so as to increase the industries of the State, develop its resources and add to its wealth and prosperity.
Page 328 - That the action of the land-office in issuing a patent for any of the public land, subject to sale by preemption or otherwise, is conclusive of the legal title, must be admitted under the principle above stated ; and in all courts, and in all forms of judicial proceedings, where this title must control, either by reason of the limited powers of the court, or the essential character of the proceedings, no inquiry can be permitted into the circumstances under which it was obtained.
Page 271 - ... to prescribe regulations, to promote the health, peace, morals, education, and good order of the people, and to legislate so as to increase the industries of the state, develop its resources, and add to its wealth and prosperity.
Page 475 - ... will pay to the party enjoined such damages, not exceeding an amount to be specified, as such party may sustain by reason of the injunction, if the court finally decides that the applicant was not entitled thereto.
Page 266 - The ever-varying condition of society is constantly presenting new objects of public importance and utility; and what shall be considered a public use or benefit may depend somewhat on the situation and wants of the community for the time being.