The Pacific Reporter, Volume 173West Publishing Company, 1918 |
From inside the book
Results 1-5 of 100
Page 16
... EFFECT AS TO COUNTERCLAIM . Counterclaim for abandonment of contract is not inconsistent with admission in answer the contract . of a certain amount being due for work under 3. ESTOPPEL 68 ( 4 ) — To PLEAD COUNTER- CLAIM . Going to ...
... EFFECT AS TO COUNTERCLAIM . Counterclaim for abandonment of contract is not inconsistent with admission in answer the contract . of a certain amount being due for work under 3. ESTOPPEL 68 ( 4 ) — To PLEAD COUNTER- CLAIM . Going to ...
Page 52
... effect , that the execution sale to Rose should be set aside and held for naught . These facts we gather largely from the find- ings and conclusions made by the trial court in the injunction case , which findings and conclusions are ...
... effect , that the execution sale to Rose should be set aside and held for naught . These facts we gather largely from the find- ings and conclusions made by the trial court in the injunction case , which findings and conclusions are ...
Page 65
... effect of out - grown technical rules . It should never be applied to defeat the plain language of the statute or to give it effect beyond its evident purpose . We have heretofore condemned the practice of- " setting up what the court ...
... effect of out - grown technical rules . It should never be applied to defeat the plain language of the statute or to give it effect beyond its evident purpose . We have heretofore condemned the practice of- " setting up what the court ...
Page 68
... effect depends upon compliance with the terms of the second proviso by the county treas- urer . " We cannot understand that , if the taking effect of the penalty was conditioned upon giving a written notice , which was not given , the ...
... effect depends upon compliance with the terms of the second proviso by the county treas- urer . " We cannot understand that , if the taking effect of the penalty was conditioned upon giving a written notice , which was not given , the ...
Page 73
... effect the plain intention of the grantor , and if that intention is plain it controls , regardless of inconsistent clauses which are to be reconciled by the intent deduced from the entire instrument . Gladys City Oil & Mfg . Co. v ...
... effect the plain intention of the grantor , and if that intention is plain it controls , regardless of inconsistent clauses which are to be reconciled by the intent deduced from the entire instrument . Gladys City Oil & Mfg . Co. v ...
Other editions - View all
Common terms and phrases
affirmed agreement alleged amended amount appellant applied assessment Bank bond cause of action charge claim Cleveland county Code Colo complaint concur contended contract contributory negligence corporation damages deceased decree deed defendant's demurrer denied Deschutes county Digests and Indexes District Court EMINENT DOMAIN employé entitled estoppel evidence fact favor fendant filed findings ground held injury instruction interest issue Judge judgment jurisdiction jury Key-Numbered Digests King County land liability lien mandamus ment mortgage motion negligence notice opinion owner paid parties payment person petition petitioner plain plaintiff in error pleadings proceedings purchase purpose question railroad reason received recover Rehearing remittitur rendered respondent rule Stat statute Superior Court Supreme Court surety testified testimony thereof tiff tion topic and KEY-NUMBER trial court trust Utah verdict Wash witness writ
Popular passages
Page 350 - 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 400 - When there is reason to believe that an impartial trial cannot be had therein ; 3. When the convenience of witnesses and the ends of justice would be promoted by the change.
Page 379 - All property, not exempted from taxation by this Constitution, shall be assessed for taxation at its fair cash value, estimated at the price it would bring at a fair voluntary sale...
Page 74 - All laws should receive a sensible construction. General terms should be so limited in their application as not to lead to injustice, oppression, or an absurd consequence. It will always, therefore, be presumed that the legislature intended exceptions to its language, which would avoid results of this character. The reason of the law in such cases should prevail over its letter.
Page 101 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.
Page 378 - The fundamental rule in construing statutes is to ascertain and give effect to the intention of the legislature.
Page 313 - ... 1. Actual annexation to the realty, or something appurtenant thereto. 2. Appropriation to the use or purpose of that part of the realty with which it is connected. 3. The intention of the party making the annexation, to make the article a permanent accession to the freehold...
Page 73 - ... sometimes by considering the cause and necessity of making the act, sometimes by comparing one part of the act with another, and sometimes by foreign circumstances. So that they have ever been guided by the intent of the legislature, which they have always taken according to the necessity of the matter and according to that which is consonant to reason and good discretion.
Page 99 - The location must be distinctly marked on the ground so that its boundaries can be readily traced. All records of mining claims hereafter made shall contain the name or names of the locators, the date of the location, and such a description of the claim or claims located by reference to some natural object or permanent monument as will identify the claim. On each claim located after the tenth day of May, eighteen hundred and seventy-two, and until a patent has been issued therefor, not less than...
Page 226 - It is admitted that the rule is difficult of application. But it is generally held that, in order to warrant a finding that negligence or an act not amounting to wanton wrong is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.