The Pacific Reporter, Volume 69West Publishing Company, 1902 - Law reports, digests, etc |
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Common terms and phrases
affirmed agreement alleged amendment amount Appeal from superior appellant application assessment attorney authority bank bond cause of action charge Cherryvale claim Colo complaint concur constitution contract corporation counsel court of equity Custer county damages decree deed defendant defendant's demurrer denied dismissed district court election entitled evidence execution fact favor fendant filed foreclosure held Idaho interest issue Judge judgment jury land lease Lewiston liability lien ment mortgage motion Nez Perce county notice ordinance owner paid party payment person petition plain plaintiff in error pleadings proceedings prosecution purchase question Railroad railway reason respondent reversed rule Silver Bow county statute statute of limitations street sufficient suit superior court Supreme Court testified testimony thereof tiff tion tract trial court usury verdict void Wardner Wash witness
Popular passages
Page 52 - The cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
Page 197 - If two or more persons in any State or Territory conspire or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws...
Page 335 - But it is generally held that, in order to warrant a finding that negligence or an act not amounting to wanton wrong is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Page 241 - ... naturally there, harmless to others so long as it is confined to his own property, but which he knows to be mischievous if it gets on his neighbour's, should be obliged to make good the damage which ensues if he does not succeed in confining it to his own property. But for his act in bringing it there no mischief could have accrued, and it seems but just that he should at his peril keep it there so that no mischief may accrue, or answer for the natural and anticipated consequences. And upon authority,...
Page 203 - An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is, in legal contemplation, as inoperative as though it had never been passed.
Page 432 - That only is deemed to have been adjudged in a former judgment which appears upon its face to have been so adjudged, or which was actually and necessarily included therein or necessary thereto.
Page 241 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 283 - The General Assembly shall have the power to alter, revoke, or annul any charter of incorporation now existing and revocable at the adoption of this Constitution, or any that may hereafter be created, whenever, in their opinion it may be injurious to the citizens of this Commonwealth, in such manner, however, that no injustice shall be done to the corporators.
Page 405 - Those directions which are not of the essence of the thing to be done, but which are given with a view merely to the proper, orderly, and prompt conduct of the business, and by a failure to obey which the rights of those interested will not be prejudiced, are not commonly to be regarded as mandatory...
Page 208 - The State of California is an inseparable part of the American Union, and the Constitution of the United States is the supreme law of the land.