The Pacific Reporter, Volume 69West Publishing Company, 1902 |
From inside the book
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Page viii
... respondent for a period of forty days or more ; ( d ) That the appellant's opening brief and the respondent's brief are on file , and more than twenty days will elapse between the time of service of the respondent's brief and the time ...
... respondent for a period of forty days or more ; ( d ) That the appellant's opening brief and the respondent's brief are on file , and more than twenty days will elapse between the time of service of the respondent's brief and the time ...
Page 9
... respondent . WHITE , J. On motion to dismiss appeal and for other relief . The record shows that this action was commenced by respondent against appellant for its alleged negligence causing injuries to respondent while in the employ of ...
... respondent . WHITE , J. On motion to dismiss appeal and for other relief . The record shows that this action was commenced by respondent against appellant for its alleged negligence causing injuries to respondent while in the employ of ...
Page 10
... respondent's rebuttal testimony introduced , appellant again moved the court that the jury be directed to return a verdict for appellant , which motion , after argument by counsel for respondent and appellant , was denied by the court ...
... respondent's rebuttal testimony introduced , appellant again moved the court that the jury be directed to return a verdict for appellant , which motion , after argument by counsel for respondent and appellant , was denied by the court ...
Page 18
... respondent was the assignee of a junior mortgage . Appel- lant brought an action to foreclose his mort- gage , making respondent a party defendant , and obtained a judgment foreclosing all re- spondent's interest in the premises , and ...
... respondent was the assignee of a junior mortgage . Appel- lant brought an action to foreclose his mort- gage , making respondent a party defendant , and obtained a judgment foreclosing all re- spondent's interest in the premises , and ...
Page 22
... respondent is , and has been for 40 years , the owner of a ditch by which he di- verts , and for 40 years has ... respondent's dam at the head of said ditch , and to have them enjoined from a repetition of the trespass . The questions ...
... respondent is , and has been for 40 years , the owner of a ditch by which he di- verts , and for 40 years has ... respondent's dam at the head of said ditch , and to have them enjoined from a repetition of the trespass . The questions ...
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Common terms and phrases
affirmed agreement alleged amendment amount Appeal from superior appellant application assessment attorney authority bank bond cause of action charge Cherryvale claim Colo complaint concur constitution contract corporation counsel court of equity Custer county damages decree deed defendant defendant's demurrer denied dismissed district court election entitled evidence execution fact favor fendant filed foreclosure granted held Idaho instruction interest issue Judge judgment jury land lease Lewiston liability lien ment mortgage motion Nez Perce county notice ordinance owner paid party payment person petition plain plaintiff in error pleadings probate proceedings prosecution purchase question Railroad railway reason refused respondent reversed rule statute statute of limitations street sufficient suit superior court Supreme Court testified testimony thereof tiff tion tract trial court usury verdict void Wardner Wash witness
Popular passages
Page 171 - 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.
Page 245 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril ; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 245 - ... naturally there, harmless to others so long as it is confined to his own property, but which he knows to be mischievous if it gets on his neighbour's, should be obliged to make good the damage which ensues if he does not succeed in confining it to his own property. But for his act in bringing it there no mischief could have accrued, and it seems but just that he should at his peril keep it there so that no mischief may accrue, or answer for the natural and anticipated consequences. And upon authority,...
Page 207 - An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is, in legal contemplation, as inoperative as though it had never been passed.
Page 436 - That only is deemed to have been adjudged in a former judgment which appears upon its face to have been so adjudged, or which was actually and necessarily included therein or necessary thereto.
Page 335 - A statement of the facts constituting the cause of action, in ordinary and concise language...
Page 201 - If two or more persons in any State or Territory conspire or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws...
Page 287 - The General Assembly shall have the power to alter, revoke, or annul any charter of incorporation now existing and revocable at the adoption of this Constitution, or any that may hereafter be created, whenever, in their opinion it may be injurious to the citizens of this Commonwealth, in such manner, however, that no injustice shall be done to the corporators.
Page 118 - No county, city, township, school district or other municipal corporation shall be allowed to become indebted in any manner or for any purpose to an amount, including existing indebtedness, in the aggregate exceeding five per centum on the value of the taxable property therein, to be ascertained by the last assessment for State and county taxes previous to the incurring of such indebtedness.
Page 221 - Children under ten years of age, who appear incapable of receiving just impressions of the facts respecting which they are ex-amined, or of relating them truly.