The Pacific Reporter, Volume 151West Publishing Company, 1915 |
From inside the book
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Page 27
... objection supplying those facts which , if alleged , would have made that pleading sufficient to with- stand the attack of a general demurrer . As has been shown , three witnesses pro- duced by the plaintiff testified that it was ...
... objection supplying those facts which , if alleged , would have made that pleading sufficient to with- stand the attack of a general demurrer . As has been shown , three witnesses pro- duced by the plaintiff testified that it was ...
Page 28
... objection cured the omission of the allegation . On a motion for nonsuit " every favorable in- ference fairly ... objection . ** It seems to us that the reformed proce- dure would receive a decided shock if a defend- ant should be ...
... objection cured the omission of the allegation . On a motion for nonsuit " every favorable in- ference fairly ... objection . ** It seems to us that the reformed proce- dure would receive a decided shock if a defend- ant should be ...
Page 32
... objection made to a ques- At what price did your brother sell the winery to Aquilino and Lagomarsino ? " Ob- Jection being made that the question was ir- relevant , immaterial , and incompetent , the objection was sustained . Thereupon ...
... objection made to a ques- At what price did your brother sell the winery to Aquilino and Lagomarsino ? " Ob- Jection being made that the question was ir- relevant , immaterial , and incompetent , the objection was sustained . Thereupon ...
Page 108
... OBJECTION WAIVER . Under the statutory provisions relating to pleadings , making want of legal capacity to sue a distinct ground of demurrer , the objection is generally waived if not raised by the defendant to whom it is available ...
... OBJECTION WAIVER . Under the statutory provisions relating to pleadings , making want of legal capacity to sue a distinct ground of demurrer , the objection is generally waived if not raised by the defendant to whom it is available ...
Page 110
... objection is waived if not raised by the defendant to whom the objec- tion is available . But legal capacity to sue , as thus used , has reference to personal dis- abilities , such as infancy , coverture , idiocy , and the like . It ...
... objection is waived if not raised by the defendant to whom the objec- tion is available . But legal capacity to sue , as thus used , has reference to personal dis- abilities , such as infancy , coverture , idiocy , and the like . It ...
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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...