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action admitted alleged allowed amount answer appellant applied attached authority bond cause charge City claimed complaint conclusion considered Constitution construction continued contract corporation correct counsel County County Commissioners creditor damages decided decision deed defendant denied direct District Court dollars duty effect election entered entirely entitled error establish evidence execution existence fact Fargo filed follows give given granting ground held hold hundred indictment injury instruction intent issue Judge judgment Judicial District jury land matter meaning Mining Company motion necessary Nevada notes notice objection paid party payment person plaintiff possession Practice present proof proper prove purchaser question reason received record recover referred refused rendered respondent rule statement statute sufficient suit taken term testimony thousand tion trial verdict witness
Page 76 - That whenever by priority of possession rights to the use of water for mining, agricultural, manufacturing, or other purposes have vested and accrued and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same...
Page 169 - When an offense involves the commission of, or an attempt to commit, a private injury, and is described with sufficient certainty in other respects to identify the act, an erroneous allegation as to the person injured, or intended to be injured, is not material.
Page 249 - In case the office of any judge of the court of appeals, or justice of the supreme court, shall become vacant before the expiration of the regular term for which he was elected, the vacancy may be filled by appointment by the Governor, until it shall be supplied at the next general election of judges, when it shall be filled by election for the residue of the unexpired term.
Page 294 - An accessory is he or she who stands by and aids, abets, or assists ; or who, not being present aiding, abetting, or assisting, hath advised and encouraged the perpetration of the crime. He or she who thus aids, abets or assists, advises or encourages, shall be deemed and considered as principal, and punished accordingly.
Page 129 - ... the plaintiff, require the return thereof, upon giving to the sheriff a written undertaking, executed by two or more sufficient sureties, to the effect that they are bound in double the value of the property, as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment to him of such sum as may, for any cause, be recovered against the defendant.
Page 290 - A conviction cannot be had upon the testimony of an accomplice, unless he be corroborated by such other evidence as...
Page 138 - If the county designated for that purpose in the complaint be not the proper county, the action may, notwithstanding, be tried therein, unless the defendant, before the time for answering expire, demand in writing that the trial be had in the proper county...
Page 195 - States say, that where a court has jurisdiction, it has a right to decide every question which occurs in the cause ; and whether its decision is correct or otherwise, its judgment, until reversed, is regarded as binding in every other court.
Page 227 - The intention of the party making the annexation to make the article a permanent accession to the freehold; this intention being inferred from the nature of the article affixed, the relation and situation of the party making the annexation, and the policy of the law in relation thereto, the structure and mode of annexation, and the purpose or use for which the annexation has been made.
Page 227 - ... 1. Actual annexation to the realty, or something appurtenant thereto. 2. Appropriation to the use or purpose of that part of the realty with which it is connected. 3. The intention of the party making the annexation, to make the article a permanent accession to the freehold...