Reports of Cases Argued and Determined in the Supreme Court of the Territory of Arizona, Volume 3Bancroft-Whitney Company, 1904 |
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Page 3
Arizona. Supreme Court. what it proves . " Russ v . Steamboat , 9 Iowa 374 ; Thompson v . Hovey , 43 Ill . 198 . " It is a familiar doctrine that it is the special province of the jury to judge of the weight and credibility of the ...
Arizona. Supreme Court. what it proves . " Russ v . Steamboat , 9 Iowa 374 ; Thompson v . Hovey , 43 Ill . 198 . " It is a familiar doctrine that it is the special province of the jury to judge of the weight and credibility of the ...
Page 9
Arizona. Supreme Court. [ Civil No. 235. Filed January 19 , 1889. ] [ 20 Pac . 183. ] WASHINGTON M. JACOBS , Plaintiff and Appellee , v . J. M. GEORGE , Defendant and Appellant . 1. PRINCIPAL AND AGENT - UNDISCLOSED DUAL AGENCY ...
Arizona. Supreme Court. [ Civil No. 235. Filed January 19 , 1889. ] [ 20 Pac . 183. ] WASHINGTON M. JACOBS , Plaintiff and Appellee , v . J. M. GEORGE , Defendant and Appellant . 1. PRINCIPAL AND AGENT - UNDISCLOSED DUAL AGENCY ...
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Arizona. Supreme Court. per cent of the purchase money . It was wholly immaterial , also , whether there was any actual injury resulting to Sanchez , or not ; it was the misrepresentation and suppression of ma- terial facts from him by ...
Arizona. Supreme Court. per cent of the purchase money . It was wholly immaterial , also , whether there was any actual injury resulting to Sanchez , or not ; it was the misrepresentation and suppression of ma- terial facts from him by ...
Page 19
Arizona. Supreme Court. This has ever since been the accepted definition of actual fraud . Courts of equity , however , will not only take cogni- zance of and grant relief in this class of frauds , but will interpose in the matter of all ...
Arizona. Supreme Court. This has ever since been the accepted definition of actual fraud . Courts of equity , however , will not only take cogni- zance of and grant relief in this class of frauds , but will interpose in the matter of all ...
Page 20
Arizona. Supreme Court. prudence , secs . 191 , 204 ; 2 Pomeroy's Equity Jurisprudence , secs . 941 , 948 , 959 ; 1 Wait on Actions and Defenses , 246 . There are other questions in the case , but it is not essential that they be ...
Arizona. Supreme Court. prudence , secs . 191 , 204 ; 2 Pomeroy's Equity Jurisprudence , secs . 941 , 948 , 959 ; 1 Wait on Actions and Defenses , 246 . There are other questions in the case , but it is not essential that they be ...
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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.