The Pacific Reporter, Volume 63West Publishing Company, 1901 - Law reports, digests, etc |
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Page 19
... BOND- CONSTRUCTION . The facts stated in the opinion , and which were alleged in the petition , are held to pre- sent a case where the language of the bond sued upon should be interpreted in the light of all the surrounding facts as ...
... BOND- CONSTRUCTION . The facts stated in the opinion , and which were alleged in the petition , are held to pre- sent a case where the language of the bond sued upon should be interpreted in the light of all the surrounding facts as ...
Page 20
... bond requiring consideration reads , “ and indemnifying said sheriff for re- lease of said levy against all persons whom- soever . " It is , in effect , alleged that the bond was given at a time when the parties to it were well aware ...
... bond requiring consideration reads , “ and indemnifying said sheriff for re- lease of said levy against all persons whom- soever . " It is , in effect , alleged that the bond was given at a time when the parties to it were well aware ...
Page 29
... bond had been filed in the justice's court when the appeal was taken to the county court . The objection was not made in the court below , and it was held too late to make it here , because if it had been made in the county court , it ...
... bond had been filed in the justice's court when the appeal was taken to the county court . The objection was not made in the court below , and it was held too late to make it here , because if it had been made in the county court , it ...
Page 62
... BOND 1. Code Civ . Proc . § 948 , authorizes the ap- pellee , on appeal from a judgment directing the sale of real estate , to except to the suffi- ciency of the sureties on the bond required by section 945 to be given by the appellant ...
... BOND 1. Code Civ . Proc . § 948 , authorizes the ap- pellee , on appeal from a judgment directing the sale of real estate , to except to the suffi- ciency of the sureties on the bond required by section 945 to be given by the appellant ...
Page 63
... bond to stay proceedings on appeal from a decree of foreclosure should name the separate amounts for waste , occupation , and deficiency . Department 2. Appeal from superior court , Fresno county ; J. R. Webb , Judge . Suit by C. C. ...
... bond to stay proceedings on appeal from a decree of foreclosure should name the separate amounts for waste , occupation , and deficiency . Department 2. Appeal from superior court , Fresno county ; J. R. Webb , Judge . Suit by C. C. ...
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Common terms and phrases
affirmed alleged amended amount answer Appeal from superior appellant assessment attorney authority bank bill bond cause of action claim Code Civ Colo complaint constitution contract corporation coun counsel court erred court of equity creditor decree defendant defendant's demurrer denied district court ditch entitled evidence execution fact favor fendant filed findings foreclosure garnishee granted held Idaho instruction interest issue Judge judgment jurisdiction jury land legislature liability lien mandamus ment mortgage motion owner paid parties payment person petition plain plaintiff in error pleadings possession proceedings promissory note purchase purpose question reason refused respondent rule Spokane county statute sufficient suit superior court supra Supreme Court sureties sustained testator testimony therein thereof tiff tion trial court Utah verdict void Wash witness writ
Popular passages
Page 107 - ... before or at the time of incurring such indebtedness, provision shall be made for the collection of an annual tax sufficient to pay the Interest on such indebtedness as it fa.lls due, and also provision to constitute a sinking fund for the payment of the principal thereof on or before maturity, which shall not exceed forty years from the time of contracting the same.
Page 222 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished; and there shall be in this state, hereafter, but one form of action, for the enforcement or protection of private rights and the redress of private wrongs, which shall be denominated a civil action.
Page 218 - Whatever belongs merely to the remedy may be altered according to the will of the state, provided the alteration does not impair the obligation of the contract. But if that effect is produced, it is immaterial whether it is done by acting on the remedy or directly on the contract itself. In either case it is prohibited by the Constitution.
Page 151 - Mining claims upon veins or lodes of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits, heretofore located, shall be governed as to length along the vein or lode by the customs, regulations, and laws in force at the date of their location.
Page 127 - Within four years: 1. An action upon any contract, obligation or liability founded upon an instrument in writing...
Page 243 - All property in this Commonwealth is .... held subject to those general regulations which are necessary to the common good and general welfare. Rights of property, like all other social and conventional rights, are subject to such reasonable limitations in their enjoyment as shall prevent them from being injurious, and to such reasonable restraints and regulations established by law as the legislature, under the governing and controlling power...
Page 243 - We think it is a settled principle, growing out of the nature of well ordered civil society, that every holder of property, however absolute and unqualified may be his title, holds it under the implied liability that his use of it may be so regulated, that it shall not be injurious to the equal enjoyment of others having an equal right to the enjoyment of their property, nor injurious to the rights of the community.
Page 374 - ... it may be punished summarily; for which an order must be made, reciting the facts as occurring in such immediate view and presence, adjudging that the person proceeded against is thereby guilty of a contempt, and that he be punished as therein prescribed.
Page 84 - It is agreed between the sender of the following message and this company that said company shall not be liable for mistakes or delays in the transmission or delivery, or for nondelivery, of any unrepeated message, whether happening by negligence of its servants or otherwise, beyond the amount received for sending the same...
Page 46 - When by mistake or wrongful act of the treasurer, clerk or assessor, or from double assessment, land has been sold on which no tax was due at the time...