The Pacific Reporter, Volume 229West Publishing Company, 1925 - Law reports, digests, etc |
From inside the book
Results 1-5 of 99
Page 18
... plain- tiffs , and that Smith was acting as the agent of the plaintiffs in the transaction ; and fur- ther alleges that the note has been fully paid , satisfied , and discharged by the application of credits due the defendant ...
... plain- tiffs , and that Smith was acting as the agent of the plaintiffs in the transaction ; and fur- ther alleges that the note has been fully paid , satisfied , and discharged by the application of credits due the defendant ...
Page 79
... plain- ly unconstitutional . The presumption in favor of the validity of legislative intent manifest , and act plainly con- a law is overcome , where statute is clear , and flicts with Constitution . 2. Constitutional law 48- Court will ...
... plain- ly unconstitutional . The presumption in favor of the validity of legislative intent manifest , and act plainly con- a law is overcome , where statute is clear , and flicts with Constitution . 2. Constitutional law 48- Court will ...
Page 94
... plain- tiff appellee's complaint , and a breach of the same is alleged with reference to the nonpayment of rent and the nonpayment of power charges ; but nowhere in the plead- ings or in the evidence is it alleged or shown that ...
... plain- tiff appellee's complaint , and a breach of the same is alleged with reference to the nonpayment of rent and the nonpayment of power charges ; but nowhere in the plead- ings or in the evidence is it alleged or shown that ...
Page 106
... plain- tiff bank . An attempt was made to negotiate said note in Omaha , in order to repay the bank the amount advanced by it , but the at- tempt failed . The latter , so far as the evi- dence shows , had no interest in the cattle , and ...
... plain- tiff bank . An attempt was made to negotiate said note in Omaha , in order to repay the bank the amount advanced by it , but the at- tempt failed . The latter , so far as the evi- dence shows , had no interest in the cattle , and ...
Page 116
... plain- tiffs ' petition , and on what theory the judg- ment was entered upon the pleadings and the record in this cause we must try to as- certain from a fair consideration of the law as applicable to the facts disclosed . Appar- ently ...
... plain- tiffs ' petition , and on what theory the judg- ment was entered upon the pleadings and the record in this cause we must try to as- certain from a fair consideration of the law as applicable to the facts disclosed . Appar- ently ...
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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.