The Pacific Reporter, Volume 229West Publishing Company, 1925 - Law reports, digests, etc |
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Page 68
... fact . It extends to any fact which , under the situation and circumstances of the par- ties , might reasonably supply a considera- tion , and it cannot be overthrown , except by proof of facts warranting the inference of no ...
... fact . It extends to any fact which , under the situation and circumstances of the par- ties , might reasonably supply a considera- tion , and it cannot be overthrown , except by proof of facts warranting the inference of no ...
Page 69
... facts do not show any negligence on the part plaintiff , defendant appeals . Affirmed . MARTIN REALTY CO . v . GARVER . ( No. J. J. Campbell and P. E. Nulton , both of Pittsburg , and A. M. Seddon , of Kansas City , Mo. , for appellant ...
... facts do not show any negligence on the part plaintiff , defendant appeals . Affirmed . MARTIN REALTY CO . v . GARVER . ( No. J. J. Campbell and P. E. Nulton , both of Pittsburg , and A. M. Seddon , of Kansas City , Mo. , for appellant ...
Page 80
... facts as above ) . [ 1 ] We approach the consideration of the question here involved with the pre- sumption that the section of the statute as- sailed is valid and constitutional . Yet , while the presumption is in favor of the validity ...
... facts as above ) . [ 1 ] We approach the consideration of the question here involved with the pre- sumption that the section of the statute as- sailed is valid and constitutional . Yet , while the presumption is in favor of the validity ...
Page 85
... Facts necessary to constitute lien must be clearly proved . Lien laws are in derogation of the common law , and persons invoking such remedies must the lien . 3. Liens 22 - Complaint to enforce lien must affirmatively allege facts on ...
... Facts necessary to constitute lien must be clearly proved . Lien laws are in derogation of the common law , and persons invoking such remedies must the lien . 3. Liens 22 - Complaint to enforce lien must affirmatively allege facts on ...
Page 90
... facts found by the court against the contention of La Bee necessarily involve the establishment of the rights of ... facts , bill of exceptions , nor transcript of reporter's notes is filed . Where abstract contains no testimony , and ...
... facts found by the court against the contention of La Bee necessarily involve the establishment of the rights of ... facts , bill of exceptions , nor transcript of reporter's notes is filed . Where abstract contains no testimony , and ...
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Common terms and phrases
affidavit affirmed alleged amended amount Appeal and error Appeal from District attorney authority bank bond Carter county cause of action charge claim Commissioners Company complaint Constitution contention contract court erred Court of Oklahoma damages deed defendant in error defendant's demurrer dence denied Digests and Indexes district court entitled evidence executed facts fendant filed fraud held Indexes 229 instructions issue Judge judgment jurisdiction jury Key-Numbered Digests La Follette land lease lien lumber ment mortgage motion Murray county notice officer Oklahoma City Okmulgee county opinion overruled owner paid parties payment person petition Pittsburg county plain plaintiff in error pleadings proceedings purchase question quiet title reason record respondent reversed rule Stat statute sufficient Supreme Court sustained Syllabus testimony thereof tiff tion topic and KEY-NUMBER tract trial court verdict writ
Popular passages
Page 13 - The purchaser, from the time of the sale until a redemption, and a redemptioner, from the time of his redemption until another redemption, is entitled to receive, from the tenant in possession, the rents of the property sold, or the value of the use and occupation thereof.
Page 164 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2.
Page 164 - ... 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Page 264 - A statement of the facts constituting the cause of action, in ordinary and concise language...
Page 129 - ... attach to the issuance of the certificate such terms and conditions as in its judgment the public convenience and necessity may require.
Page 257 - Upon its own motion or upon the application of any party in interest, on the ground of a change in conditions, the Commission may at any time review any award, and, on such review, may make an award ending, diminishing or increasing the compensation previously awarded...
Page 213 - States or within an adjacent foreign country when transported on a through bill of lading, notwithstanding any limitation of liability or limitation of the amount of recovery or representation or agreement as to value in any such receipt or bill of lading, or in any contract, rule, regulation, or in any tariff filed with the Interstate Commerce Commission ; and any such limitation, without respect to the manner or form in which it is sought to be made is hereby declared to be unlawful and void...
Page 49 - A conviction cannot be had upon the testimony of an accomplice unless it be corroborated by such other evidence as shall tend to connect the defendant with the commission of the offense; and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof.
Page 25 - ... together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof. And also, all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, or to the above described premises, and every part and parcel thereof, with the appurtenances.
Page 248 - Every person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in him upon a particular day, is entitled also to recover interest thereon from that day, except during such time as the debtor is prevented by law, or by the act of the creditor, from paying the debt.