The Pacific Reporter, Volume 117West Publishing Company, 1911 |
From inside the book
Results 1-5 of 90
Page 89
... LIENS ( § 304 * ) - RELIEF - PER- SONAL JUDGMENT . Where a mechanic's lien is invalid , but the plaintiff , suing to establish it , states a cause of action for money due and the proof sustains it , he is entitled to a personal judgment ...
... LIENS ( § 304 * ) - RELIEF - PER- SONAL JUDGMENT . Where a mechanic's lien is invalid , but the plaintiff , suing to establish it , states a cause of action for money due and the proof sustains it , he is entitled to a personal judgment ...
Page 90
... LIENS ( 8 271 * ) - COMPLAINT- -ADMISSIONS - COUNTERCLAIM . ALLEGATIONS OF COMPLIANCE WITH STAT- Where plaintiff , suing to establish a me- UTE - LIEN AS EXHIBIT . chanic's lien , alleged a contract with W. and R. , and his proof showed ...
... LIENS ( 8 271 * ) - COMPLAINT- -ADMISSIONS - COUNTERCLAIM . ALLEGATIONS OF COMPLIANCE WITH STAT- Where plaintiff , suing to establish a me- UTE - LIEN AS EXHIBIT . chanic's lien , alleged a contract with W. and R. , and his proof showed ...
Page 91
... lien . A copy of the lien is attached to and made a part of the com- plaint by reference . The complaint also con- tains a description of the property sought to be charged , and it is alleged that , while the defendant McDonald has some ...
... lien . A copy of the lien is attached to and made a part of the com- plaint by reference . The complaint also con- tains a description of the property sought to be charged , and it is alleged that , while the defendant McDonald has some ...
Page 92
... lien mentioned in plaintiff's complaint upon the building and land therein described . " The lien was there- fore before the court , and it was not neces- sary that it be separately introduced in evi- dence . A party is required to ...
... lien mentioned in plaintiff's complaint upon the building and land therein described . " The lien was there- fore before the court , and it was not neces- sary that it be separately introduced in evi- dence . A party is required to ...
Page 93
... lien is authorized , the pro- cedure is at law ; while the foreclosure of the lien is governed by the rules of equity . Much confusion would be avoided in actions of this character if the question of indebted ness was first tried as an ...
... lien is authorized , the pro- cedure is at law ; while the foreclosure of the lien is governed by the rules of equity . Much confusion would be avoided in actions of this character if the question of indebted ness was first tried as an ...
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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...