The Pacific Reporter, Volume 113West Publishing Company, 1911 - Law reports, digests, etc |
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Results 1-5 of 100
Page 7
... PLEADING ( § 216 * ) — DEMURRER - PRESUMP - lease necessary to examine , in considering TION AS TO ANSWER . On demurrer , the pleader is presumed to have stated the case as strongly as the facts warrant . [ Ed . Note . - For other cases ...
... PLEADING ( § 216 * ) — DEMURRER - PRESUMP - lease necessary to examine , in considering TION AS TO ANSWER . On demurrer , the pleader is presumed to have stated the case as strongly as the facts warrant . [ Ed . Note . - For other cases ...
Page 24
... pleading an estoppel , it is to no reply , nor could the promise have been be held conclusive when offered in evidence . replied as an estoppel , since the plea was But here the defendant pleaded the matter proper to enable the ...
... pleading an estoppel , it is to no reply , nor could the promise have been be held conclusive when offered in evidence . replied as an estoppel , since the plea was But here the defendant pleaded the matter proper to enable the ...
Page 25
... pleading to the point . " MCBRIDE , J. , took no part in the trial or in the decision of this cause . ( 58 Or . 126 ) LA GRANDE v . PORTLAND PUBLIO MARKET & COLD STORAGE CO . † ( Supreme Court of Oregon . Jan. 24 , 1911. ) 1. PLEADING ...
... pleading to the point . " MCBRIDE , J. , took no part in the trial or in the decision of this cause . ( 58 Or . 126 ) LA GRANDE v . PORTLAND PUBLIO MARKET & COLD STORAGE CO . † ( Supreme Court of Oregon . Jan. 24 , 1911. ) 1. PLEADING ...
Page 27
... pleadings were allow - permit amendments is limited to the time ed . The conclusions reached in the cases referred ... pleading by inserting a statement , after his name , that he sued by his next friend , nam- ing him , and it was ruled ...
... pleadings were allow - permit amendments is limited to the time ed . The conclusions reached in the cases referred ... pleading by inserting a statement , after his name , that he sued by his next friend , nam- ing him , and it was ruled ...
Page 28
... pleadings after a remand of the cause is revived . Branson v . Oregonian Ry . Co. , 11 Or . 161 , 2 Pac . 86 ... pleading after a cause has been its jurisdiction , even if erroneous . " submitted on an issue of law is not limited ...
... pleadings after a remand of the cause is revived . Branson v . Oregonian Ry . Co. , 11 Or . 161 , 2 Pac . 86 ... pleading after a cause has been its jurisdiction , even if erroneous . " submitted on an issue of law is not limited ...
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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.