The Pacific Reporter, Volume 32West Publishing Company, 1893 |
From inside the book
Results 1-5 of 75
Page 12
... question of the materiality of the alleged false testimony was left to the jury , while in another part of the instructions it was decided by the court , and taken away from the jury ; and this contention must be sustained . For ...
... question of the materiality of the alleged false testimony was left to the jury , while in another part of the instructions it was decided by the court , and taken away from the jury ; and this contention must be sustained . For ...
Page 56
... question for the legislative branch of the government , and not of the courts . It is the duty of the courts to so construe and interpret the laws , if possible , as to give them force and effect , and make them operative . Whether the ...
... question for the legislative branch of the government , and not of the courts . It is the duty of the courts to so construe and interpret the laws , if possible , as to give them force and effect , and make them operative . Whether the ...
Page 83
... question under consideration ; and it by no means follows that , even if the in- jury in question is the direct , and not the consequential , result of the act of the city in bringing the street to grade , the city ought to be held ...
... question under consideration ; and it by no means follows that , even if the in- jury in question is the direct , and not the consequential , result of the act of the city in bringing the street to grade , the city ought to be held ...
Page 86
... question under consideration . I also think such decisions not only of special force , but , in view of the fact that this contro . versy arose during our territorial period , I think that such decisions should abso- lutely control ours ...
... question under consideration . I also think such decisions not only of special force , but , in view of the fact that this contro . versy arose during our territorial period , I think that such decisions should abso- lutely control ours ...
Page 87
... question as to whether or not it was liable for a change from such first established grade , and it was upon this question that the case from Massachusetts was cited . In the case of Clemence v . City of Auburn , 66 N. Y. 334 , the ...
... question as to whether or not it was liable for a change from such first established grade , and it was upon this question that the case from Massachusetts was cited . In the case of Clemence v . City of Auburn , 66 N. Y. 334 , the ...
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Common terms and phrases
action affidavit affirmed alleged amount appellant appellee assignment authority ballots Bank bill Buskett canvassers cause certificate claim clerk Code Coffey county Colo commissioners Company complaint concur constitution contract corporation coun counsel county clerk creditors debt deed demurrer dence district court election entitled evidence execution facts fendant filed George Gerson grant Haskell county held Idaho instructions issue Judge judgment jurisdiction jury land legislature levy liable lien mandamus ment mortgage motion owner paid parties payment person petition plaintiff in error possession probate probate court proceeding provides purchase question reason record rendered replevin respondent rule San Miguel county sheriff statute superior court Supreme Court sustained taxes territory testimony thereof tiff tion trial valid verdict votes Wash Wilkes county witness writ writ of mandamus
Popular passages
Page 191 - Senators, and shall be published for three months previous to the time of making such choice; and if in the Legislature so next chosen, as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the Legislature to submit such proposed amendment or amendments to the people, in such manner and at such time as the Legislature shall prescribe...
Page 186 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Page 161 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 131 - All laws should receive a sensible construction. General terms should be so limited in their application as not to lead to injustice, oppression, or an absurd consequence. It will always, therefore, be presumed that the legislature intended exceptions to its language, which would avoid results of this character. The reason of the law in such cases should prevail over its letter.
Page 345 - Every action shall be prosecuted in the name of the real party in interest...
Page 149 - That the Constitution, and all Laws of the United States which are not locally inapplicable, shall have the same force and effect within the said Territory of Nebraska as elsewhere within the United States...
Page 149 - The finding of the court upon the facts, which may be either general or special, shall have the same effect as the verdict of a jury.
Page 270 - No money shall be drawn from the treasury except in pursuance of specific appropriation made by law, the purpose of which shall be distinctly stated in the bill, and the maximum amount which may be drawn shall be specified in dollars and cents; and no appropriation shall be for a longer period than two years.
Page 332 - In all other cases where a general law can be made applicable, no special law shall be enacted.
Page 131 - It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers.