The Pacific Reporter, Volume 53West Publishing Company, 1898 |
From inside the book
Results 1-5 of 75
Page v
... filed and served by the plaintiff in error within thirty days after the return of the writ of error , and by the defendant in error within sixty days after the return of such writ . Ap- Rule 23. ( Amended March 19 , 1895. ) plication ...
... filed and served by the plaintiff in error within thirty days after the return of the writ of error , and by the defendant in error within sixty days after the return of such writ . Ap- Rule 23. ( Amended March 19 , 1895. ) plication ...
Page 2
... filed its petition for the sale of said real estate , and at the same time presented to the appel- lant , for his signature , an order to show cause in said matter , in which order the date of such hearing was fixed for the 18th day of ...
... filed its petition for the sale of said real estate , and at the same time presented to the appel- lant , for his signature , an order to show cause in said matter , in which order the date of such hearing was fixed for the 18th day of ...
Page 27
... filed in the action , by his attorney , this direction : " Let the above - entitled action be dismissed , and the clerk of the court is hereby authorized and directed to enter dis- missal thereof without further notice . Hos- mer P ...
... filed in the action , by his attorney , this direction : " Let the above - entitled action be dismissed , and the clerk of the court is hereby authorized and directed to enter dis- missal thereof without further notice . Hos- mer P ...
Page 28
... filed this paper , signed by him in person : " Now comes the plaintiff , Miers F. Truett , in the above - entitled action , and withdraws and re- tracts the order or authorization for a dismis- sal of said action filed herein by his ...
... filed this paper , signed by him in person : " Now comes the plaintiff , Miers F. Truett , in the above - entitled action , and withdraws and re- tracts the order or authorization for a dismis- sal of said action filed herein by his ...
Page 30
... filed a pe- tition praying that letters of administration upon the said estate be issued to him ; and thereafter , on the 13th day of the same month , Mary L. Goldy filed her petition , stat- ing that she was a niece of said decedent ...
... filed a pe- tition praying that letters of administration upon the said estate be issued to him ; and thereafter , on the 13th day of the same month , Mary L. Goldy filed her petition , stat- ing that she was a niece of said decedent ...
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Common terms and phrases
affidavit affirmed alleged amount answer Appeal from superior appellant appellee attorney ballots Bank bond cause of action charge claim Code Colo Company complaint concur contract corporation coun counsel court of equity creditors damages debt decree deed defendant in error defendant's demurrer dence denied district court ditch evidence execution facts favor fendant filed fraud granted ground guaranty Haskell County held Idaho instructions interest issue judge judgment jury land liable lien ment mill mortgage motion negligence nonsuit opinion owner paid party payment person petition Pima county plaintiff in error pleadings possession proceedings promissory note question reason record rendered replevin respondent reversed rule statute sufficient superior court Supreme Court sustained taxes testimony thereof tide lands tiff tion tract trial court verdict Wash witness writ
Popular passages
Page 201 - In case the greater rate of interest has been paid, the person by whom It has been paid, or his legal representatives, may recover back, in an action in the nature of an action of debt, twice the amount of the interest thus paid from the association taking or receiving the same: Provided such action is commenced within two years from the time the usurious transaction occurred.
Page 81 - The court may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process or proceeding, by adding or striking out the name of any party ; or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 416 - A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the Legislature shall encourage by all suitable means the promotion of intellectual, scientific, moral, and agricultural improvement.
Page 178 - Offenses heretofore required to be prosecuted by indictment shall be prosecuted by information, after examination and commitment by a Magistrate, or by indictment, with or without such examination and commitment, as may be prescribed by law.
Page 256 - Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory notes, and sureties on the same or separate instruments, may all or any of them be included in the same action, at the option of the plaintiff...
Page 202 - Territory, or district where the bank is located, and no more, except that where by the laws of any State a different rate is limited for banks of issue organized under State laws, the rate so limited shall be allowed for associations organized or existing in any such State under this title. When no rate is fixed by the laws of the State or Territory or district, the bank may take, receive, reserve, or charge a rate not exceeding seven per centum...
Page 371 - ... the proprietors of these establishments and their operatives do not stand upon an equality, and that their interests are, to a certain extent, conflicting. The former naturally desire to obtain as much labor as possible from their employees, while the latter are often induced by the fear of discharge to conform to regulations which their judgment, fairly exercised, would pronounce to be detrimental to their health or strength. In other words, the proprietors lay down the rules and the laborers...
Page 104 - Indian within its jurisdiction the equal protection of the law, and .every Indian born within the territorial limits of the United States to whom allotments shall have been made under the provisions of this act, or under any law or treaty...
Page 178 - That before the filing thereof the defendant had not been legally committed by a magistrate.
Page 65 - No variance between the allegation in a pleading and the proof, is to be deemed material, unless it have actually misled the adverse party to his prejudice, in maintaining his action or defense upon the merits.