The Pacific Reporter, Volume 22West Publishing Company, 1890 |
From inside the book
Results 1-5 of 65
Page 83
... railroad company from the plaintiffs . The excuse made by plain- tiffs for not receiving it was that the rail- road company was only willing to accept it from them , and pay therefor , in lots of from 150 to 200 cords each , as they ...
... railroad company from the plaintiffs . The excuse made by plain- tiffs for not receiving it was that the rail- road company was only willing to accept it from them , and pay therefor , in lots of from 150 to 200 cords each , as they ...
Page 116
... railroad track is not imposed upon fenced is a fact which , of itself , establishes con- clusively that the company ... railroad corporation , for the recovery of the value of a certain bull , which he alleged was killed upon the ...
... railroad track is not imposed upon fenced is a fact which , of itself , establishes con- clusively that the company ... railroad corporation , for the recovery of the value of a certain bull , which he alleged was killed upon the ...
Page 117
... railroad track against or over said bull , or killed it ; de- was not fenced at the place where the bull nied that it , by its agents or servants , or was on the same when run over ; and the otherwise , disregarded its duty in respect ...
... railroad track against or over said bull , or killed it ; de- was not fenced at the place where the bull nied that it , by its agents or servants , or was on the same when run over ; and the otherwise , disregarded its duty in respect ...
Page 118
... railroad track , to defeat the al- gence upon the part of the railroad com- leged right of action . It was clearly con- pany , and I do not see that it is necessary tributory negligence . for the plaintiff to allege negligence in any A ...
... railroad track , to defeat the al- gence upon the part of the railroad com- leged right of action . It was clearly con- pany , and I do not see that it is necessary tributory negligence . for the plaintiff to allege negligence in any A ...
Page 158
... railroad property of the de- performance of the contract on their part . fendant situated about 25 miles away , and The defendant delivered peaches for one close to the western boundary of the dis- week , as provided by the contract ...
... railroad property of the de- performance of the contract on their part . fendant situated about 25 miles away , and The defendant delivered peaches for one close to the western boundary of the dis- week , as provided by the contract ...
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Common terms and phrases
action adverse possession affirmed alleged amount answer Appeal from superior appellant attorney cause charged Cimarron Civil Code claim clerk Code Civil Proc complaint concur constitution contract counsel county-seat Court of California decree deed defendant defendant's demurrer denied district court duty election entitled error erty evidence executed fact fence fendant filed findings fraud granted Gray county ground held Ingalls instruction interest issue Judge jurisdiction jury land legislature lien Logan township marriage ment Montezuma townships mortgage motion opinion owner paid parties payment person plaintiff plaintiff in error pleadings possession proceedings provides purchase question quiet title railroad reason record refused register of deeds respondent rule sheriff statute sufficient superior court Supreme Court territory testified testimony therein thereof tiff tion township trial voters votes wife witness writ Wyandotte county
Popular passages
Page 247 - ... to establish a defence on the ground of insanity, it must be clearly proved that at the time of the committing of the act the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Page 159 - That the legislative power of the territory shall extend to all rightful subjects of legislation, consistent with the constitution of the United States and the provisions of this act ; but no law shall be passed interfering with the primary disposal of the soil; no tax shall be imposed upon the property of the United States; nor shall the lands or other property of non-residents be taxed higher than the lands or other property of residents. All the laws passed by the legislative assembly and governor...
Page 105 - It is but a decent respect due to the wisdom, the integrity, and the patriotism of the legislative body, by which any law is passed, to presume in favor of its validity, until its violation of the constitution is proved beyond all reasonable doubt.
Page 173 - The powers of the government of the state of California shall be divided into three separate departments: the legislative, the executive, and judicial; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any functions appertaining to either of the others, except in the cases hereinafter expressly directed or permitted.
Page 208 - Upon a trial for murder, the commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter, or that the defendant was justifiable or excusable.
Page 268 - The law does not require demonstration; that is, such a degree of proof as, excluding possibility of error, produces absolute certainty because such proof is rarely possible. Moral certainty only is required, or that degree of proof which produces conviction in an unprejudiced mind.
Page 207 - That the offense was committed at some time prior to the time of finding the indictment; 6. That the act or omission charged as the offense is clearly and distinctly set forth in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended; 7.
Page 13 - Snyder, of the second part, witnesseth, that the said party of the first part, for and in consideration of the sum of one dollar to them in hand paid by the said party of the second part...
Page 135 - And if any State deems the retail and internal traffic in ardent spirits injurious to its citizens, and calculated to produce idleness, vice, or debauchery, I see nothing in the constitution of the United States to prevent it from regulating and restraining the traffic, or from prohibiting it altogether, if it thinks proper.
Page 105 - The question, whether a law be void for its repugnancy to the constitution, is, at all times, a question of much delicacy, which ought seldom, if ever, to be decided in the affirmative in a doubtful case.