The Pacific Reporter, Volume 113West Publishing Company, 1911 - Law reports, digests, etc |
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Page 22
... fact whereby the court can say that the plaintiff's rights were infringed . The sub- sequent proceedings cannot rise higher than its source , which is the petition for the writ . The court cannot consider any errors except those ...
... fact whereby the court can say that the plaintiff's rights were infringed . The sub- sequent proceedings cannot rise higher than its source , which is the petition for the writ . The court cannot consider any errors except those ...
Page 26
... fact joined on the plea is decided in defendant's favor , the averments of a complaint thus challenged can over objection and exception be amend- ed . Contemplating these inquiries in the or- der stated , the rule is well settled that ...
... fact joined on the plea is decided in defendant's favor , the averments of a complaint thus challenged can over objection and exception be amend- ed . Contemplating these inquiries in the or- der stated , the rule is well settled that ...
Page 27
... fact having been joined as to the various pleas , amend- ments of the primary pleadings were allow - permit amendments is limited to the time ed . The conclusions reached in the cases referred to do not controvert or even modify the ...
... fact having been joined as to the various pleas , amend- ments of the primary pleadings were allow - permit amendments is limited to the time ed . The conclusions reached in the cases referred to do not controvert or even modify the ...
Page 65
... fact upon The foregoing provisions , when enacted , were which his official act is based exists . If the intended to , and did , apply only to the dis- law imposes the duty upon the officer to act trict courts . In 1901 , however , when ...
... fact upon The foregoing provisions , when enacted , were which his official act is based exists . If the intended to , and did , apply only to the dis- law imposes the duty upon the officer to act trict courts . In 1901 , however , when ...
Page 66
... facts are conceded , as upon a de- fied ; that a proper summons has been is- fault after personal service , acts judicially ... fact . cases of Graydon v . Laxton , 3 Or . 251 , Craw- The final conclusion or result arrived at aft- ford v ...
... facts are conceded , as upon a de- fied ; that a proper summons has been is- fault after personal service , acts judicially ... fact . cases of Graydon v . Laxton , 3 Or . 251 , Craw- The final conclusion or result arrived at aft- ford v ...
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Common terms and phrases
action affirmed alleged amended amount answer APPEAL AND ERROR appellant appellee assessment attorney authority Baker City bonds case-made cause Cent charge claim clerk Code complaint concur Constitution contract Conway Springs Coos county corporation counsel court of equity CRIMINAL LAW damages deed defendant defendant's demurrer denied district court duty estoppel evidence execution fact fendant filed findings fraud grant Harper held Idaho injury instructions issue judge judgment jurisdiction jurors jury justice land mandamus ment mortgage motion municipal MUNICIPAL CORPORATIONS Note Note.-For notice ordinance owner parties person petition plaintiff plaintiff in error plea in abatement pleadings proceedings purchase purpose question quiet title reason record respondent rule statute statute of frauds street sufficient Supreme Court testified testimony thereof tiff tion trial court verdict void witness writ
Popular passages
Page 165 - A patent for any land claimed and located for valuable deposits may be obtained in the following manner : Any person, association, or corporation authorized to locate a claim under this chapter, having claimed and located a piece of land for such purposes, who has, or have, complied with the terms of this chapter, may file in the proper land office an application for a patent, under oath, showing such compliance...
Page 78 - Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as a holder in due course.
Page 198 - SECTION 1. The supreme executive power of this state shall be vested in a chief magistrate, who shall be styled the Governor of the State of California.
Page 235 - ... proper allegations of the falsity of the matter on which the perjury is assigned; but the indictment need not set forth the pleadings, record or proceedings with which the oath is connected, nor the commission or authority of the court or person before whom the perjury was committed.
Page 32 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith...
Page 4 - ... to show cause why they should not be punished for contempt of court.
Page 69 - Courts, justices of the peace, and such other courts, Inferior to the Supreme Court, as may be provided by law; and all courts of record shall have a s-sl.
Page 35 - An agreement that by its terms is not to be performed within a year from the making thereof; 2.
Page 78 - 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 198 - Am.Dec. 468, a ministerial act is thus defined: "A ministerial act may, perhaps, be defined to be one which a person performs in a given state of facts, in a prescribed manner, in obedience to the mandate of legal authority, without regard to, or the exercise of, his own judgment upon the propriety of the act being done.