The Pacific Reporter, Volume 113West Publishing Company, 1911 - Law reports, digests, etc |
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Page 2
... matter and of the parties is ira- mune from collateral attack , however erroneous as a matter of law . [ Ed . Note . - For other cases , see Judgment , Cent . Dig . § 941 ; Dec. Dig . § 501. * ] 2. JUDGMENT ( § 518 * ) - WRIT OF REVIEW ...
... matter and of the parties is ira- mune from collateral attack , however erroneous as a matter of law . [ Ed . Note . - For other cases , see Judgment , Cent . Dig . § 941 ; Dec. Dig . § 501. * ] 2. JUDGMENT ( § 518 * ) - WRIT OF REVIEW ...
Page 3
... matter and of the parties is immune from collateral attack , no matter how erroneous such judgment may be as a matter of law . This is the doctrine of such cases as North Pacific Cycle Co. v . Thomas , 26 Or . 381 , 38 Pac . 307 , 46 Am ...
... matter and of the parties is immune from collateral attack , no matter how erroneous such judgment may be as a matter of law . This is the doctrine of such cases as North Pacific Cycle Co. v . Thomas , 26 Or . 381 , 38 Pac . 307 , 46 Am ...
Page 8
... matter con- tained in the answer of defendants , and de- termine whether or not such completion would be a violation of the ordinance refer- red to . Plaintiff demurred to the new matter con- tained in the answer . The court below sus ...
... matter con- tained in the answer of defendants , and de- termine whether or not such completion would be a violation of the ordinance refer- red to . Plaintiff demurred to the new matter con- tained in the answer . The court below sus ...
Page 24
... matter of estoppel is not taken notice of , unless relied on in pleading , where the matter to be concluded appears on the record , yet , where that matter is intro- duced in evidence upon the general issue , it is otherwise . The party ...
... matter of estoppel is not taken notice of , unless relied on in pleading , where the matter to be concluded appears on the record , yet , where that matter is intro- duced in evidence upon the general issue , it is otherwise . The party ...
Page 26
... matter of law , inter alia , that plaintiff should be allowed to file an amended complaint , to which deter- mination an exception was taken by defend- ant's counsel , who requested findings of fact and of law which were denied ...
... matter of law , inter alia , that plaintiff should be allowed to file an amended complaint , to which deter- mination an exception was taken by defend- ant's counsel , who requested findings of fact and of law which were denied ...
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action affirmed alleged amended amount answer APPEAL AND ERROR appellant assessment attorney authority Baker City bonds case-made cause Cent charge claim clerk Code complaint Constitution contract Conway Springs Coos county corporation court of equity CRIMINAL LAW damages deed defendant demurrer district court duty estoppel evidence execution fact fendant filed fraud grant Harper held Idaho injury instructions issue judge judgment jurisdiction jury justice land mandamus ment mortgage motion municipal MUNICIPAL CORPORATIONS Note Note.-For notice NUMBER in Dec ordinance owner parties person petition plaintiff plaintiff in error plea in abatement pleadings proceedings question quiet title reason record Rep'r Indexes respondent rule section NUMBER Series & Rep'r statute statute of frauds street Supreme Court testified testimony thereof tiff tion topic and section trial court verdict void Wash 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.