The Pacific Reporter, Volume 41West Publishing Company, 1895 |
From inside the book
Results 1-5 of 70
Page 6
... fact open for judicial determination as to whether the particular act or thing complained of comes within the prohibited class ; but it cannot , by ordinance , arbitrarily declare any particular thing a nuisance which has not heretofore ...
... fact open for judicial determination as to whether the particular act or thing complained of comes within the prohibited class ; but it cannot , by ordinance , arbitrarily declare any particular thing a nuisance which has not heretofore ...
Page 22
... fact incompetent , and that defendant had knowledge thereof , or that his reputation was such that defendant should be presumed to have had knowledge of his incompetency . 3. In an action against an employer for in- jury resulting from ...
... fact incompetent , and that defendant had knowledge thereof , or that his reputation was such that defendant should be presumed to have had knowledge of his incompetency . 3. In an action against an employer for in- jury resulting from ...
Page 23
If the motorman was in fact habitually reck- less or careless , or both , and that his general reputation was in accord with this fact . these propositions are satisfactorily demon- strated , it follows from them that the de- fendant ...
If the motorman was in fact habitually reck- less or careless , or both , and that his general reputation was in accord with this fact . these propositions are satisfactorily demon- strated , it follows from them that the de- fendant ...
Page 24
... fact that the employé is in truth an unfit person . And reputation is not proof of that fact . A man's reputation may be at variance with his char- acter or in accord with it . He may be reput- ed reckless , and in fact be careful . An ...
... fact that the employé is in truth an unfit person . And reputation is not proof of that fact . A man's reputation may be at variance with his char- acter or in accord with it . He may be reput- ed reckless , and in fact be careful . An ...
Page 39
... fact by plain- tiff , and with the understanding that plaintiff was to hold them as sureties only ; that plain- tiff had released Livingston , one of the princi- pals on said note , and that they , as sureties , were thereby discharged ...
... fact by plain- tiff , and with the understanding that plaintiff was to hold them as sureties only ; that plain- tiff had released Livingston , one of the princi- pals on said note , and that they , as sureties , were thereby discharged ...
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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.