The Pacific Reporter, Volume 182West Publishing Company, 1919 |
From inside the book
Results 1-5 of 100
Page 7
... granted . An opinion is not authority for what is not mentioned therein and what does not ap- pear to have been suggested to the court from which the opinion emanates . 11 Cyc . 745 . This opinion is rendered upon considera- tion of a ...
... granted . An opinion is not authority for what is not mentioned therein and what does not ap- pear to have been suggested to the court from which the opinion emanates . 11 Cyc . 745 . This opinion is rendered upon considera- tion of a ...
Page 11
... granted , and petition dis- missed . tions at common law ( in this connection , however , see Code 1908 , § 477 ) and , since the statute does not mention stipulations , that the proceeding by stipulation is unlaw- ful ; but , in view ...
... granted , and petition dis- missed . tions at common law ( in this connection , however , see Code 1908 , § 477 ) and , since the statute does not mention stipulations , that the proceeding by stipulation is unlaw- ful ; but , in view ...
Page 17
... granted to the company a right of way in the ditch for water above the needs of the original appropriators , but also to have granted all incidents to such right of way , the right to enlarge the ditch and carry water through it to the ...
... granted to the company a right of way in the ditch for water above the needs of the original appropriators , but also to have granted all incidents to such right of way , the right to enlarge the ditch and carry water through it to the ...
Page 19
... granted to plaintiff . This residue we said was conveyed by the con- tract , and we did not remand the case for the purpose of determining whether the use of the remainder had been granted . That was settled by the former decision . 2 ...
... granted to plaintiff . This residue we said was conveyed by the con- tract , and we did not remand the case for the purpose of determining whether the use of the remainder had been granted . That was settled by the former decision . 2 ...
Page 20
... granted nothing but a right of way , whereas , it not only granted a right of way and all the incidents thereto , but the right to enlarge the ditch and carry water through it to the limit of its capacity when enlarged , and the control ...
... granted nothing but a right of way , whereas , it not only granted a right of way and all the incidents thereto , but the right to enlarge the ditch and carry water through it to the limit of its capacity when enlarged , and the control ...
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Common terms and phrases
action affirmed agreement alleged amount attorney authority Bank bond cause claim Code complaint concur contract corporation counsel court of equity CRIMINAL LAW damages deceased decree deed defendant defendant's demurrer dence denied Digests and Indexes District Court ditch entitled equity error evidence executed extrinsic fraud fact Falston fendant filed findings fraud held Indexes 182 instruction issue Judge judgment jurisdiction jury justice Key-Numbered Digests Kootenai county land lease lien matter ment mortgage motion Multnomah county negligence opinion owner parties payment person petition plaintiff plaintiff in error pleadings prior probate proceedings purchase question quiet title railroad reason record Rehearing respondent reversed rule statement statute street sufficient Superior Court Supreme Court surety testified testimony thereof tiff tion topic and KEY-NUMBER trial court trust Utah verdict witness
Popular passages
Page 362 - 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; or...
Page 379 - An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted.
Page 106 - Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial; 5.
Page 438 - ... to make and enforce all laws and regulations in respect to municipal affairs, subject only to the restrictions and limitations provided in their several charters, and in respect to other matters they shall be subject to and controlled by general laws.
Page 188 - Courts, justices of the peace, and such other courts, Inferior to the Supreme Court, as may be provided by law; and all courts of record shall have a s-sl.
Page 84 - That it is complete and regular upon its face; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4. That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Page 343 - ... after an examination of the entire cause, including the evidence, the court shall be of the opinion that the error complained of has resulted in a miscarriage of justice.
Page 209 - In every crime or public offense there must exist a union, or joint operation of act and intent, or criminal negligence.
Page 51 - In the order or decree the court must name the persons and the proportions or parts to which each shall be entitled, and such persons may demand, sue for, and recover their respective shares from the executor or administrator, or any person having the same in possession. Such order or decree is conclusive as to the rights of heirs, legatees, or devisees, subject only to be reversed, set aside, or modified on appeal.
Page 322 - ... where the charge has been preliminarily examined before a committing magistrate, and the testimony taken down by question and answer in the presence of the defendant, who has, either in person or by counsel, cross-examined or had an opportunity to crossexamine the witness...