The Pacific Reporter, Volume 151West Publishing Company, 1915 |
From inside the book
Results 1-5 of 99
Page 27
... cause of the injury , either contributory to it or the sole cause of the injury , and that there is a total lack of evidence as to how the accident occurred . " in which the cause was tried had the effect of curing the defect in the ...
... cause of the injury , either contributory to it or the sole cause of the injury , and that there is a total lack of evidence as to how the accident occurred . " in which the cause was tried had the effect of curing the defect in the ...
Page 28
... cause By the authorities mentioned it is thorough- of action for death and must be stated , fail - ly established that all that the plaintiff is re- ing in which no cause of action would be quired to show , to successfully combat a mo ...
... cause By the authorities mentioned it is thorough- of action for death and must be stated , fail - ly established that all that the plaintiff is re- ing in which no cause of action would be quired to show , to successfully combat a mo ...
Page 29
... caused in whole or in part by a want of ordinary or reasonable care of a fellow servant . The judgment is reversed , and the cause remanded for trial upon the merits , with a suggestion that the plaintiff amend his com- plaint so that ...
... caused in whole or in part by a want of ordinary or reasonable care of a fellow servant . The judgment is reversed , and the cause remanded for trial upon the merits , with a suggestion that the plaintiff amend his com- plaint so that ...
Page 37
... cause of action arises . [ 4 , 5 ] The appellant next contends that the for the same reason that the proof was in- complaint did not state a cause of action sufficient , to wit , that the specific act of negligence which caused the ...
... cause of action arises . [ 4 , 5 ] The appellant next contends that the for the same reason that the proof was in- complaint did not state a cause of action sufficient , to wit , that the specific act of negligence which caused the ...
Page 42
... cause of action , that for injury to the partnership business , and not one for trespass by force and arms against ... cause of action . The ar- gument seems to be that , since it is an ac- tion seeking recovery of damage caused to the ...
... cause of action , that for injury to the partnership business , and not one for trespass by force and arms against ... cause of action . The ar- gument seems to be that , since it is an ac- tion seeking recovery of damage caused to the ...
Other editions - View all
Common terms and phrases
adverse possession affirmed agreement alleged amended amount APPEAL AND ERROR Appeal from Superior appellant appellee application assessment bonds cause of action Cent claim Code Company complaint concur Constitution contract contributory negligence counsel damages death deceased declared decree deed defendant defendant's demurrer dence denied District Court employés evidence executed fact feet fendant filed findings ground held injury interest issue Judge judgment jurisdiction jury land liability ment mortgage motion negligence Note.-For notice owner paid parties payment person petition Pierce County plaintiff in error plat pleadings purchase question quiet title railroad reason respondent rule Salt Lake City Spokane county statute STRAUP Superior Court Supreme Court sustained testified testimony thereof Thurston county tiff tion track tract trial court Utah verdict Wash witness
Popular passages
Page 400 - A person has no property, no vested interest, in any rule of the common law. That is only one of the forms of municipal law, and is no more sacred than any other. Rights of property, which have been created by the common law, cannot be taken away without due process ; but the law itself, as a rule of conduct, may be changed at the will or even at the whim of the Legislature, unless prevented by constitutional limitations. Indeed, the great office of statutes is to remedy defects in the common law...
Page 323 - This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material fact or circumstance concerning this insurance or the subject thereof...
Page 244 - That every Will made by a Man or Woman shall be revoked by his or her Marriage (except a Will made in exercise of a Power of Appointment, when the Real or Personal Estate thereby appointed would not in default of such Appointment pass to his or her Heir, Customary Heir, Executor, or Administrator, or the Person entitled as his or her next of Kin, under the Statute of Distributions...
Page 399 - 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 224 - ... to or the subject of which is real or personal property in this state...
Page 14 - A judgment that the defendant pay a fine may also direct that he be imprisoned until the fine be satisfied. But the judgment must specify the extent of the imprisonment, which must not exceed one day for every dollar of the fine...
Page 162 - Damages may be awarded, in a judicial proceeding, for detriment resulting after the commencement thereof, or certain to result in the future.
Page 274 - Upon the death of the wife, the entire community property, without administration, belongs to the surviving husband, except such portion thereof as may have been set apart to her, by judicial decree, for her support and maintenance, which portion is subject to her testamentary disposition, and in the absence of such disposition goes to her descendants, or heirs, exclusive of her husband.
Page 300 - In deciding upon this intent, the chief and most satisfactory index for the judge is found in the circumstance whether or not the particular element of the alleged extrinsic negotiation is dealt with at all in the writing. If it is mentioned, covered or dealt with in the writing, then presumably the writing was meant to represent all of the transaction on that element; if it is not, then probably the writing was not intended to embody that element of the negotiation.
Page 392 - Collector must publish the delinquent list, which must contain the names of the persons and a description of the property delinquent, and the amount of taxes and costs due, opposite each name and description...