The Pacific Reporter, Volume 230West Publishing Company, 1925 - Law reports, digests, etc |
From inside the book
Page 24
... issue of possession , judgments rendered matters . 3. Judgment 747 ( 6 ) -Judgment in unlawful . fendant's motion for a new trial his counsel , 2. Judgment 747 ( 6 ) -Judgment rendered in presented and read in evidence an affidavit made ...
... issue of possession , judgments rendered matters . 3. Judgment 747 ( 6 ) -Judgment in unlawful . fendant's motion for a new trial his counsel , 2. Judgment 747 ( 6 ) -Judgment rendered in presented and read in evidence an affidavit made ...
Page 25
... issue was the right to the possession of the real property described in the complaint . Felton v . Mil- lard , 81 Cal . 540 , 21 P. 533 , 22 P. 750 ; Knowles v . Murphy , 107 Cal . 107 , 40 P. 111 . In the present action the question in ...
... issue was the right to the possession of the real property described in the complaint . Felton v . Mil- lard , 81 Cal . 540 , 21 P. 533 , 22 P. 750 ; Knowles v . Murphy , 107 Cal . 107 , 40 P. 111 . In the present action the question in ...
Page 26
... issues and determined by the court or confessed by the parties . The title to the property is never in issue in these ac- tions , and therefore , the judgment , whether for plaintiff or defendant , cannot affect the title . " Freeman on ...
... issues and determined by the court or confessed by the parties . The title to the property is never in issue in these ac- tions , and therefore , the judgment , whether for plaintiff or defendant , cannot affect the title . " Freeman on ...
Page 85
... issues set aside . Where one of the issues was whether the Director General of Railroads had notice or knowledge of the ... issue should have been granted . Appeal from District Court , Scott County ; Roscoe H. Wilson , Judge . Action by ...
... issues set aside . Where one of the issues was whether the Director General of Railroads had notice or knowledge of the ... issue should have been granted . Appeal from District Court , Scott County ; Roscoe H. Wilson , Judge . Action by ...
Page 108
... issue on judgment . Where action on judgment of justice of the peace , filed in office of clerk of district court , was barred by statute of limitations , execution could not thereafter issue on such judgment . Department 3 . the legal ...
... issue on judgment . Where action on judgment of justice of the peace , filed in office of clerk of district court , was barred by statute of limitations , execution could not thereafter issue on such judgment . Department 3 . the legal ...
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Common terms and phrases
affirmed alleged amount Appeal from District Appeal from Superior appellant attorney Atty bank bond cause of action charge claim Code Colo Company complaint concur contract contributory negligence conviction counsel Criminal law damages decree deed defendant defendant's delivered demurrer dence denied Digests and Indexes District Court Eldorado Springs employer entitled escrow evidence executed fact fendant filed findings garnishee guilty held Idaho indorsement injury instruction issue Judge judgment jury Key-Numbered Digests land lease lien liquor lumber mandamus ment mortgage motion offense Okmulgee county paid parties Pawnee county payment person petition plaintiff in error pleadings possession proceedings promissory note prosecution purchase question reason record respondent statute Superior Court Supreme Court testified testimony thereof tiff tion topic and KEY-NUMBER trial court unlawful detainer verdict Wash wife witness writ
Popular passages
Page 44 - But where the instrument is in the hands of a holder in due course, a valid delivery thereof by all parties prior to him so as to make them liable to him is conclusively presumed.
Page 175 - No special privileges or immunities shall ever be granted which may not be altered, revoked or repealed by the Legislature; nor shall any citizen, or class of citizens, be granted privileges or immunities which, upon the same terms, shall not be granted to all citizens.
Page 31 - 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.
Page 32 - 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 372 - All murder which is perpetrated by means of poison, or lying in wait, torture, or by any other kind of willful, deliberate, and premeditated killing, or which is committed in the perpetration or attempt to perpetrate arson, rape, robbery, burglary, or mayhem, is murder of the first degree; and all other kinds of murders are of the second degree.
Page 194 - In all other cases, the defendant may be found guilty of any offense the commission of which is necessarily included in that with which he is charged in the indictment
Page 358 - ... it depends in each case on the terms of the contract and the circumstances of the case, whether the breach of contract is so material as to justify the injured party in refusing to proceed further...
Page 263 - That carriers while under Federal control shall be subject to all laws and liabilities as common carriers, whether arising under State or Federal laws or at common law, except in so far as may be inconsistent with the provisions of this Act or any other Act applicable to such Federal control or with any order of the President.
Page 71 - Every person negotiating an instrument by delivery or by a qualified indorsement, warrants : 1. That the instrument is genuine and in all respects what it purports to be; 2.
Page 205 - ... it seems but reasonable and just that the neighbour who has brought something on his own property which was not naturally there, harmless to others so long as it is confined to his own property...