The Pacific Reporter, Volume 153West Publishing Company, 1916 - Law reports, digests, etc "Comprising all the decisions of the Supreme Courts of California, Kansas, Oregon, Washington, Colorado, Montana, Arizona, Nevada, Idaho, Wyoming, Utah, New Mexico, Oklahoma, District Courts of Appeal and Appellate Department of the Superior Court of California and Criminal Court of Appeals of Oklahoma." (varies) |
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Page xvi
... Fact is Rais- ed . If in such proceedings an answer be filed which raises an issue of fact essential to the determination of the application , the question of fact may , in the discretion of the court , be directed to be tried by a jury ...
... Fact is Rais- ed . If in such proceedings an answer be filed which raises an issue of fact essential to the determination of the application , the question of fact may , in the discretion of the court , be directed to be tried by a jury ...
Page 12
... fact , to be submitted to the jury under proper instruc- tions whenever it can be said that the alleg ed provocation would have any reasonable tendency to produce sudden and uncontrol- lable anger and heat of blood in the ordi- nary man ...
... fact , to be submitted to the jury under proper instruc- tions whenever it can be said that the alleg ed provocation would have any reasonable tendency to produce sudden and uncontrol- lable anger and heat of blood in the ordi- nary man ...
Page 13
... fact for the jury , and the court cannot take it from the jury by as- suming to decide it as a question of law , with- out confounding the respective provinces of the court and jury . Stark Ev . ( Ed . of 1860 ) pp . 768 , 769 , 774 ...
... fact for the jury , and the court cannot take it from the jury by as- suming to decide it as a question of law , with- out confounding the respective provinces of the court and jury . Stark Ev . ( Ed . of 1860 ) pp . 768 , 769 , 774 ...
Page 23
... fact that it is unlawful for Angeles , supra , in support of the proposition the disseisor to enter and maintain his ac- that a city not empowered by its charter to tual possession not only does not impair the appropriate water for ...
... fact that it is unlawful for Angeles , supra , in support of the proposition the disseisor to enter and maintain his ac- that a city not empowered by its charter to tual possession not only does not impair the appropriate water for ...
Page 81
... fact that the error , if it existed , would not be available here , owing to the fact that the defendant Mary McKnight was acquitted by the jury , and we are only concerned , therefore , in that light of the facts , with inquiry as to ...
... fact that the error , if it existed , would not be available here , owing to the fact that the defendant Mary McKnight was acquitted by the jury , and we are only concerned , therefore , in that light of the facts , with inquiry as to ...
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accord and satisfaction action affirmed alleged amount APPEAL AND ERROR appellant Atoka county attorney bank bonds broom corn case-made cause cause of action Cent claim Code complaint Constitution contract corporation counsel Criminal CRIMINAL LAW damages decree deed defendant in error defendant's demurrer dence Digests and Indexes dismissed District Court entitled evidence executed fact fendant filed held instruction interest issue Judge judgment jurisdiction jury Key-Numbered Digests King County land lease lien lumber ment mortgage motion MUNICIPAL CORPORATIONS Note.-For notice Oklahoma owner Pacific County paid party payment person petition Pierce county plaintiff in error pleading premises proceedings purchase question reason record refused respondent rule Sapulpa statute street Superior Court Supreme Court testified testimony thereof tiff tion topic and KEY-NUMBER transcript trial court trust Wash witness writ
Popular passages
Page 336 - The writ of mandamus may be denominated the writ of mandate.— 1873-345. 1085. It may be issued by any court, except a justice's or police court, to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station...
Page 278 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers, and no others : first, those granted in express words ; second, those necessarily or fairly implied in, or incident to, the powers expressly granted: third, those essential to the accomplishment of the declared objects and purposes of the corporation — not simply convenient, but indispensable.
Page 285 - Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, and it appears that the buyer relies on the seller's skill or judgment (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be reasonably fit for such purpose...
Page 72 - The trustee of the estate of a bankrupt, upon his appointment and qualification, . . . shall ... be vested, by operation of law, with the title of the bankrupt, as of the date he was adjudged a bankrupt...
Page viii - ... the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or of officers generally, of the government of the United States...
Page 419 - Provided, That an article of food which does not contain any added poisonous or deleterious ingredients shall not be deemed to be adulterated or misbranded in the following cases: First.
Page 292 - Where a negotiable instrument is materially altered without the assent of all parties liable thereon, it is avoided, except as against a party who has himself made, authorized or assented to the alteration, and subsequent indorsers. But when an instrument has been materially altered and is in the hands of a holder in due course, not a party to the alteration, he may enforce payment thereof according to its original tenor.
Page 252 - It is broad enough to include every instance in which one party pays a debt for which another is primarily answerable, and which, in equity and good conscience, should have been discharged by the latter...
Page 249 - A husband and wife cannot, by any contract with each other, alter their legal relations, except as to property, and except that they may agree, in writing, to an immediate separation, and may make provision for the support of either of them and of their children during such separation.
Page 334 - To divide, withdraw, or in any manner pay to the stockholders or any of them, any part of the capital stock of the corporation; or to reduce such capital stock without the consent of the legislature; or, 3.