The Pacific Reporter, Volume 117West Publishing Company, 1911 |
From inside the book
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Page 7
... fact set forth in the affidavit of the defendant , and alleg- ing that he was at all times during the time he was a grand juror and for three years prior thereto a resident of Goldfield , Nev . , and had never taken up his residence out ...
... fact set forth in the affidavit of the defendant , and alleg- ing that he was at all times during the time he was a grand juror and for three years prior thereto a resident of Goldfield , Nev . , and had never taken up his residence out ...
Page 8
... fact alleged , and resisted by counter affidavits . It is unnecessary to con- sider the contents of the affidavits . The district court overruled the motion for the time being , until it could be shown by an examination of a sufficient ...
... fact alleged , and resisted by counter affidavits . It is unnecessary to con- sider the contents of the affidavits . The district court overruled the motion for the time being , until it could be shown by an examination of a sufficient ...
Page 20
... fact . The same situation existed , so far as the other two de- fendants , Knight and Hildebrandt , were con- cerned . It was the theory of the state that a conspiracy had been entered into between Smith , Knight , Hildebrandt , and ...
... fact . The same situation existed , so far as the other two de- fendants , Knight and Hildebrandt , were con- cerned . It was the theory of the state that a conspiracy had been entered into between Smith , Knight , Hildebrandt , and ...
Page 23
... fact that such owner , suspecting that the accused intends to steal his property , in person or through a servant or agent , exposes the prop- erty or neglects to protect it , or furnishes facilities for the execution of the criminal ...
... fact that such owner , suspecting that the accused intends to steal his property , in person or through a servant or agent , exposes the prop- erty or neglects to protect it , or furnishes facilities for the execution of the criminal ...
Page 33
... fact testified to by him , or of the omis- sion to deny or explain any fact establishing his guilt , which was testified to by another or others , and which fact must be within the personal knowledge of the accused . In view that the ...
... fact testified to by him , or of the omis- sion to deny or explain any fact establishing his guilt , which was testified to by another or others , and which fact must be within the personal knowledge of the accused . In view that the ...
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Common terms and phrases
affirmed alleged amendment amount APPEAL AND ERROR article 20 attorney authority Bank bill Cent charge claim Colo complaint concur Constitution contract corporation counsel county seat criminal CRIMINAL LAW damages deceased decree deed defendant defendant's denied Denver Denver county District Court duty election Ellis county evidence executed fact fendant filed Harper county held homestead instructions Judge judgment jurisdiction juror jury Justice land lien matter ment mortgage motion municipal MUNICIPAL CORPORATIONS negligence Note Note.-For NUMBER in Dec opinion owner paid parties payment penstock person petition plaintiff in error proceedings purchase question quitclaim deed railroad reason record Rep'r Indexes respondent rule section NUMBER Series & Rep'r stare decisis statute street sufficient Supreme Court sustained testified testimony thereof tiff tion topic and section trial court verdict Wash witness Woodward county
Popular passages
Page 202 - In case the greater rate of interest has been paid, the person by whom it has been paid, or his legal representatives, may recover back, in an action in the nature of an action of debt, twice the amount of the interest thus paid from the association taking or receiving the same ; provided such action is commenced within two years from the time the usurious transaction occurred.
Page 295 - The acceptance of a bill is the signification by the drawee of his assent to the order of the drawer. The acceptance must be in writing and signed by the drawee. It must not express that the drawee will perform his promise by any other means than the payment of money.
Page 185 - The court, in every stage of an action, must disregard any error or defect in the pleadings or proceedings, which does not affect the substantial rights of the adverse party ; and no judgment shall be reversed or affected by reason of such error or defect.
Page 295 - A holder in due course is a holder who has taken the instrument under the following conditions: (1) That it is complete and regular upon its face; (2) That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; (3) That he took it in good faith and for value; (4) That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Page 422 - ... within sixty days after the fire, unless such time is extended in writing by this company, shall render a statement to this company, signed and sworn to...
Page 422 - This policy is made and accepted subject to the foregoing stipulations and conditions, together with such other provisions, agreements, or conditions as may be endorsed hereon or added hereto, and no officer, agent, or other representative of this company shall have power to waive any provision or condition of this policy except such as by the terms of this policy may be the subject of agreement indorsed hereon or added hereto...
Page 91 - 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 295 - Act, where a signature on a bill is forged or placed thereon without the authority of the person whose signature it purports to be, the forged or unauthorized signature is wholly inoperative, and no right to retain the bill, or to give a discharge therefor, or to enforce payment thereof against any party thereto, can be acquired through or under...
Page 18 - 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.
Page 422 - If fire occur the insured shall give immediate notice of any loss thereby in writing to this company, protect the property from further damage...