The Pacific Reporter, Volume 11West Publishing Company, 1886 |
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Page 43
... fact that a person attempts to travel on a street or sidewalk after he has notice that it is unsafe and out of repair is not necessarily negligence . " Corlett v . City of Leavenworth , 27 Kan . 673. The mere fact that a person knows ...
... fact that a person attempts to travel on a street or sidewalk after he has notice that it is unsafe and out of repair is not necessarily negligence . " Corlett v . City of Leavenworth , 27 Kan . 673. The mere fact that a person knows ...
Page 89
... fact , present no issue for trial . To traverse the allegation that the indebtedness is due , without denying the facts averred which show such maturity , is vi- cious pleading . It leaves the question of maturity wholly admitted . A ...
... fact , present no issue for trial . To traverse the allegation that the indebtedness is due , without denying the facts averred which show such maturity , is vi- cious pleading . It leaves the question of maturity wholly admitted . A ...
Page 96
... facts : The defendant's fiduciary relation to the parties ; that his undertak- ing was to pay out the moneys to be ... fact , to be ar- rived at from a careful examination and comparison of the evidence , under correct instructions ...
... facts : The defendant's fiduciary relation to the parties ; that his undertak- ing was to pay out the moneys to be ... fact , to be ar- rived at from a careful examination and comparison of the evidence , under correct instructions ...
Page 108
... FACT - JUDGMENT . The findings of fact in this case held to be sufficient under the statute PORTER , J. , dissents . Appeal from Graham county . Hereford & Zabriskie and Miles Vance McCune , for respondent , J. E. Solomon . Haynes ...
... FACT - JUDGMENT . The findings of fact in this case held to be sufficient under the statute PORTER , J. , dissents . Appeal from Graham county . Hereford & Zabriskie and Miles Vance McCune , for respondent , J. E. Solomon . Haynes ...
Page 109
... fact , we should not hesitate to order a new trial ; but courts of last resort should be very careful in setting aside a judgment for this cause . It is urged by the eminent counsel who now look after the case in this court for the ...
... fact , we should not hesitate to order a new trial ; but courts of last resort should be very careful in setting aside a judgment for this cause . It is urged by the eminent counsel who now look after the case in this court for the ...
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Common terms and phrases
affirmed alleged amendment amount answer Appeal from superior appellant attorney authority bank Blue Rapids cause of action charge Code commenced complaint concur constitution contract contributory negligence counsel county of San Court of California court of equity creditors cross-complaint Daniel Guernsey decree deed defendant defendant's demurrer district court entitled evidence execution fact fendant filed ground held injury intent interest issued judgment judgment creditors jurisdiction jury justice Kansas land legislature lien lode lots ment mortgage motion N. W. Rep negligence owner paid party payment person petition plaintiff in error pleadings possession proceedings promissory note prosecution purchase purpose question reason record refused rendered respondent rule sheriff sheriff's deed statute sufficient suit superior court Supreme Court testimony therein thereof tide lands tion trial Utah verdict Willamette Valley witness writ Wyandotte county
Popular passages
Page 520 - A mining claim located after the tenth day of May, eighteen hundred and seventy-two, whether located by one or more persons, may equal, but shall not exceed, one thousand five hundred feet in length along the vein or lode but no location of a mining claim shall be made until the discovery of the vein or lode within the limits of the claim located.
Page 539 - When there are several charges against any person for the same act or transaction, or for two or more acts or transactions connected together, or for two or more acts or transactions of the same class of crimes or offences, which may be properly joined...
Page 327 - Sears,4 where he says that where one by his words or conduct wilfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief so as to alter his own previous position, the former is precluded from averring against the latter a different state of things as existing at the same time.
Page 52 - ... the plaintiff himself so far contributed to the misfortune, by his own negligence or want of ordinary and common care and caution, that but for such negligence or want of ordinary care and caution on his part the misfortune would not have happened.
Page 212 - State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under any State, on the ground of their being repugnant to the constitution, treaties or laws of the United States, and the decision is in favor of such their validity...
Page 16 - Any amendment or amendments to this constitution may be proposed in the senate and assembly; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals with the yeas and nays taken thereon...
Page 30 - A husband abandoned by his wife is not liable for her support until she offers to return, unless she was justified, by his misconduct, in abandoning him; nor is he liable for her support when she is living separate from him, by agreement, unless such support is stipulated in the agreement.
Page 627 - Whenever an appeal is perfected as provided in the preceding sections of this chapter, it stays all further proceedings in the court below upon the judgment or order appealed from...
Page 84 - That private property shall not be taken or damaged, for public or private use, without just compensation.
Page 513 - An action may be brought by any person against another who claims an estate or interest in real or personal property, adverse to him, for the purpose of determining such adverse claim...