The Pacific Reporter, Volume 62West Publishing Company, 1901 "Comprising all the decisions of the Supreme Courts of California, Kansas, Oregon, Washington, Colorado, Montana, Arizona, Nevada, Idaho, Wyoming, Utah, New Mexico, Oklahoma, District Courts of Appeal and Appellate Department of the Superior Court of California and Criminal Court of Appeals of Oklahoma." (varies) |
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Page 8
... land on either side of the depression or water way on Hickson's farm generally lie on a slope or incline ? A. Yes . ( 18 ) If the depression or place where the wa- ter runs , or water way on Hickson's land , should be damned up or ...
... land on either side of the depression or water way on Hickson's farm generally lie on a slope or incline ? A. Yes . ( 18 ) If the depression or place where the wa- ter runs , or water way on Hickson's land , should be damned up or ...
Page 13
... LAND - CONTRIBUTORY NEGLI- GENCE - INSTRUCTIONS - OBJECTION TO PLEADING - WAIVER ON APPEAL . 1. In an action against an irrigation com- pany for permitting water to overflow plain- tiff's land and destroy her crops , an instruction that ...
... LAND - CONTRIBUTORY NEGLI- GENCE - INSTRUCTIONS - OBJECTION TO PLEADING - WAIVER ON APPEAL . 1. In an action against an irrigation com- pany for permitting water to overflow plain- tiff's land and destroy her crops , an instruction that ...
Page 14
... land , which in 1897 , 1898 , and 1899 was covered for a short time each year with water from the defendant's waste way to a depth of from six inches to two feet , destroying the crop thereon , and producing the injury of which she ...
... land , which in 1897 , 1898 , and 1899 was covered for a short time each year with water from the defendant's waste way to a depth of from six inches to two feet , destroying the crop thereon , and producing the injury of which she ...
Page 15
... land in an Indian reservation situated in Ore- gon should be allotted to the Indians resident thereon , and should belong to them or their heirs , " according to the laws of the state of Oregon . " Certain land was allotted to an in ...
... land in an Indian reservation situated in Ore- gon should be allotted to the Indians resident thereon , and should belong to them or their heirs , " according to the laws of the state of Oregon . " Certain land was allotted to an in ...
Page 16
... land was levied upon by the sheriff of said county by virtue of an exe- cution issued on said decree , of which fact the defendant had due notice ; that on July 31 , 1896 , Hall , who then held the legal title to said land , of which he ...
... land was levied upon by the sheriff of said county by virtue of an exe- cution issued on said decree , of which fact the defendant had due notice ; that on July 31 , 1896 , Hall , who then held the legal title to said land , of which he ...
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Common terms and phrases
action affidavit affirmed alleged amended amount answer Appeal from superior appellant appellees assessment attorney authority bank bond Boulder county cause cause of action charge claim Colo complaint concur constitution contract corporation counsel Court of California damages decree deed defendant defendant's demurrer district court ditch entitled evidence executed fact favor fendant filed finding franchise Fresno county garnishee grant ground guardian held instruction interest issue judge judgment jurisdiction jury land lease liability loan mandamus ment mortgage motion Multnomah county notice opinion owner paid parties payment person petition plaintiff in error pleadings possession proceedings promissory note purchase question reason record remittitur replevin respondent reversed rule statute street sufficient suit superior court Supreme Court testified testimony thereof tiff tion trial court trustees verdict witness writ
Popular passages
Page 128 - And the said records and exemplifications, authenticated as aforesaid, shall have such faith and credit given to them in every court and office within the United States, as they have by law or usage in the courts or offices of the state from whence the same are or shall be taken.
Page 109 - A private person may arrest another : 1. For a public offense committed or attempted in his presence; 2. When the person arrested has committed a felony, although not in his presence; 3. When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it.
Page 126 - Root and the other defendants therein appeared and demurred to the complaint on the ground that the same did not state facts sufficient to constitute a cause of action...
Page 74 - In case of uncertainty arising upon the face of a will, as to the application of any of its provisions, the testator's intention is to be ascertained from the words of the will, taking into view the circumstances under which it was made, exclusive of his oral declarations.
Page 88 - The use of all water now appropriated, or that may hereafter be appropriated, for sale, rental, or distribution, is hereby declared to be a public use, and subject to the regulation and control of the State, in the manner to be prescribed by law...
Page 80 - 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.
Page 88 - SEC. 2. The right to collect rates or compensation for the use of water supplied to any county, city and county, or town, or the inhabitants thereof, is a franchise, and cannot be exercised except by authority of and in the manner prescribed by law.
Page 254 - ... 2. Insufficiency of the evidence to justify the findings and decision. " 3. Newly discovered evidence material to defendants and which could not with reasonable diligence have been discovered and produced at the trial.
Page 376 - In the construction of a statute or instrument, the office of the judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted, or to omit what has been inserted...
Page 408 - If the motion is denied, the defendant must immediately answer the indictment or information, either by demurring or pleading thereto. If the motion is granted, the court must order that the defendant, if in custody, be discharged therefrom; or, if admitted to bail, that his bail be exonerated; or, if he has deposited money instead of bail, that the same be refunded to him, unless it directs that the case be resubmitted to the same or another grand jury...