The Pacific Reporter, Volume 41West Publishing Company, 1895 |
From inside the book
Results 1-5 of 75
Page 10
... denying the material allegations of the complaint , al- lege that the ditch was constructed under a license from the plaintiff , upon the faith of which they had relied and expended about $ 6,000 in improving their mining property ...
... denying the material allegations of the complaint , al- lege that the ditch was constructed under a license from the plaintiff , upon the faith of which they had relied and expended about $ 6,000 in improving their mining property ...
Page 29
... denying it . The only grounds upon which appellants claim a reversal are ( 1 ) insufficiency of the evidence to justify the decision , and ( 2 ) that the court erred in refusing a trial of all the issues by a jury . As to the first of ...
... denying it . The only grounds upon which appellants claim a reversal are ( 1 ) insufficiency of the evidence to justify the decision , and ( 2 ) that the court erred in refusing a trial of all the issues by a jury . As to the first of ...
Page 33
... denying her a new trial . Held , that she thereby lost all interest in the proceeding , and could not subsequently appeal from an order di- recting distribution of the property . In bank . Appeal from superior court , city and county of ...
... denying her a new trial . Held , that she thereby lost all interest in the proceeding , and could not subsequently appeal from an order di- recting distribution of the property . In bank . Appeal from superior court , city and county of ...
Page 34
... deny him the right to appeal from it . So , in Fos- calina v . Doyle , 48 Cal . 151 , upon a motion to dismiss an appeal ... denying the injunction and from a judg- ment for defendant on a demurrer to the com- plaint being sustained , a ...
... deny him the right to appeal from it . So , in Fos- calina v . Doyle , 48 Cal . 151 , upon a motion to dismiss an appeal ... denying the injunction and from a judg- ment for defendant on a demurrer to the com- plaint being sustained , a ...
Page 38
... denying a new trial , defendants Ginty and Luce appeal . Plaintiff appeals from the application made by the judgment of the security . On defendants ' appeal , affirmed . On plaintiff's appeal , re- versed . C. H. Rippey and Luce ...
... denying a new trial , defendants Ginty and Luce appeal . Plaintiff appeals from the application made by the judgment of the security . On defendants ' appeal , affirmed . On plaintiff's appeal , re- versed . C. H. Rippey and Luce ...
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Common terms and phrases
adverse possession affirmed alleged amount answer Appeal from superior assessment assignment authority cause of action claim Code commissioners complaint contract corporation counsel county seat court of equity creditors damages deed defendant in error demurrer district court ditch election entitled evidence execution fact fendant filed findings Goit grant Greenhood held homestead instructions issue Judge judgment July 27 jurisdiction jury Kansas land legislature levy lien Logan county ment mill mortgage motion negligence notice Oklahoma county Osage county overruled owner parties payment person petition plain plaintiff in error pleadings possession probate court proceedings purchase question railroad Railway reason record rendered respondent road rule Snohomish county statute street sufficient superior court Supreme Court sustained territory testimony thereof tiff tion tract trial verdict Wasco county witness
Popular passages
Page 292 - All property in the State except as otherwise in this Constitution provided, not exempt under the laws of the United States, shall be taxed in proportion to its value, to be ascertained as provided by law...
Page 269 - ... made with the intent to hinder, delay or defraud creditors or other persons of their lawful suits, damages, forfeitures, debts or demands...
Page 69 - Secretary shall be taken and held in all Courts to be as valid and binding as if due service had been made upon said applicant in the State of Kentucky.
Page 111 - 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 282 - If the court to whom the application is made is satisfied of the truth of the facts stated, and that the examination of the witness is necessary to the attainment of justice, an order must be made that a commission be issued to take his testimony; and the court may insert in the order a direction that the trial be stayed for a specified time, reasonably sufficient for the execution and return of the commission.
Page 403 - ... to any use or purpose not in the due and lawful execution of his trust, or secretes it with a fraudulent intent to appropriate it to such use or purpose, and any contractor who appropriates money paid to him for any use or purpose, other than for that which he received it, is guilty of embezzlement...
Page 375 - The General Assembly shall not pass local or special laws in any of the following enumerated cases...
Page 111 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Page 240 - Private roads may be opened in. the manner to be prescribed by law ; but in every case the necessity of the road and the amount of all damage to be sustained by the opening thereof shall be first determined by a jury of freeholders, and such amount, together with the expenses of the proceeding, shall be paid by the person to be benefited.
Page 384 - ... when the question is one of a common or general interest of many persons, or when the parties are very numerous, and it may be impracticable to bring them all before the court, one or more may sue or defend for the benefit of the whole.