The Pacific Reporter, Volume 37West Publishing Company, 1894 - Law reports, digests, etc |
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Results 1-5 of 78
Page 47
not bar the right of a creditor to maintain an action against him to recover a personal judg- ment . Appeal from circuit court , Union county ; Morton D. Clifford , Judge . Action by R. G. Thompson , administrator , etc. , against S. R. ...
not bar the right of a creditor to maintain an action against him to recover a personal judg- ment . Appeal from circuit court , Union county ; Morton D. Clifford , Judge . Action by R. G. Thompson , administrator , etc. , against S. R. ...
Page 48
... action of the trial court in overruling plaintiff's demurrer to the new matter in the answer . The argument is that the answer is insufficient to constitute a de- fense because it does not aver that defend- ants relied upon the alleged ...
... action of the trial court in overruling plaintiff's demurrer to the new matter in the answer . The argument is that the answer is insufficient to constitute a de- fense because it does not aver that defend- ants relied upon the alleged ...
Page 76
... action for use and occupation , but for breach of a contract entered into by the defendants joint- ly . There was , therefore , no variance be- tween the allegations of the complaint and the terms of the lease , and no error in in ...
... action for use and occupation , but for breach of a contract entered into by the defendants joint- ly . There was , therefore , no variance be- tween the allegations of the complaint and the terms of the lease , and no error in in ...
Page 86
... action . The court , at the hearing of the motions to affirm and set aside the findings of the referee , modified them in part , and found that the allegations of fraud in the complaint were not supported by the evi- dence ; that ...
... action . The court , at the hearing of the motions to affirm and set aside the findings of the referee , modified them in part , and found that the allegations of fraud in the complaint were not supported by the evi- dence ; that ...
Page 96
... action in the justice's court of J. F. Case against A. P. Johnson and John H. Bell , the relators in this appli- cation , and appellants herein , and that on February 16th the action was tried . The cause of action was upon a promissory ...
... action in the justice's court of J. F. Case against A. P. Johnson and John H. Bell , the relators in this appli- cation , and appellants herein , and that on February 16th the action was tried . The cause of action was upon a promissory ...
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Common terms and phrases
action affidavit affirmed alleged Alturas county amount answer Appeal from superior appellant assignment attorney Baker county bank Bannock county Burrton cause charge claim Code commissioners Company complaint concur constitution contract corporation coun counsel Court of California court of equity creditors deceased decree deed defendant defendant's demurrer denied district court duty entitled error evidence executed fact fendant filed findings ground held issue Judge judgment June June 11 June 26 juror jury justice King county land lien lumber ment Millbrae mortgage motion notice owner paid parties payment person plain plaintiff plaintiff in error possession promissory note proof purchase question quiet title reason record recover rendered respondent reversed rule statute sufficient suit superior court Supreme Court testimony thereof tiff tion trial trust Utah verdict Wash witness writ
Popular passages
Page 411 - 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 decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same...
Page 315 - It may be that it is the obnoxious thing in its mildest and least repulsive form; but illegitimate and unconstitutional practices get their first footing in that way, namely, by silent approaches and slight deviations from legal modes of procedure.
Page 80 - All records of mining claims hereafter made shall contain the name or names of the locators, the date of the location, and such a description of the claim or claims located by reference to some natural object or permanent monument as will identify the claim.
Page 407 - It is sufficient, for the present, to say, generally, that, when the importer has so acted upon the thing imported that it has become incorporated and mixed up with the mass of property in the country, it has, perhaps, lost its distinctive character as an import, and has become subject to the taxing power of the state...
Page 419 - Part further covenants and agrees to merchandise such wheat in foreign ports , it being understood and agreed between the Party of the First Part and the Party of the Second Part...
Page 105 - A writ of review may be granted by any court, except a police or justice's court, when an inferior tribunal, board, or officer, exercising judicial functions, has exceeded the jurisdiction of such tribunal, board, or officer, and there is no appeal, nor, in the judgment of the court, any plain, speedy, and adequate remedy.
Page 203 - ... proportion to their respective interests therein, and may be included and specified in the judgment. In that case they shall be a lien on the several shares, and the judgment may be enforced by execution against such shares, and against other property held by the respective parties. When, however, a litigation arises between some of the parties only, the court may require the expense of such litigation to be paid by the parties thereto, or any of them.
Page 281 - No county, city, township, school district or other municipal corporation, shall be allowed to become indebted in any manner or for any purpose to an amount, including existing indebtedness, in the aggregate exceeding five per centum on the value of the taxable property therein, to be ascertained by the last assessment for State and county taxes, previous to the incurring of such indebtedness.
Page 262 - The. court may likewise, in its discretion, after notice to the adverse party, allow, upon such terms as may be just, an amendment to any pleading or proceeding in other particulars...
Page 185 - A trustee is a general agent for the trust property. His authority is such as is conferred upon him by the declaration of trust and by this chapter, and none other. His acts, within the scope of his authority, bind the trust property to the same extent as the acts of an agent bind his principal.