The Pacific Reporter, Volume 176West Publishing Company, 1919 - Law reports, digests, etc |
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Page 37
... consideration , " testator's unsealed agreement evidencing an obligation to pay an amount in money or property after his death may be pleaded , without alleging a valuable considera- tion . 2. WILLS 89 - NOTE OR , WILL . Where an ...
... consideration , " testator's unsealed agreement evidencing an obligation to pay an amount in money or property after his death may be pleaded , without alleging a valuable considera- tion . 2. WILLS 89 - NOTE OR , WILL . Where an ...
Page 38
... consideration | his executors are ordered and directed to pay to the plaintiff that sum in the manner and at the time specified . This precludes the idea of a gift to her . Its meaning is that he is ordering the payment to be made to ...
... consideration | his executors are ordered and directed to pay to the plaintiff that sum in the manner and at the time specified . This precludes the idea of a gift to her . Its meaning is that he is ordering the payment to be made to ...
Page 49
... consideration was void as to creditors . 2 , APPEAL AND ERROR 1011 ( 1 ) —REVIEW- FINDING - CONFLICTING EVIDENCE . An appellate court will not disturb a finding which rests on conflicting evidence . 3. FRAUDULENT CONVEYANCES 156 ( 1 ) ...
... consideration was void as to creditors . 2 , APPEAL AND ERROR 1011 ( 1 ) —REVIEW- FINDING - CONFLICTING EVIDENCE . An appellate court will not disturb a finding which rests on conflicting evidence . 3. FRAUDULENT CONVEYANCES 156 ( 1 ) ...
Page 50
... consideration at a time when the grantor was insolvent , and was therefore void . These findings alone fully support the judgment . 3442. The plaintiff alleged , and the trial court made a special finding , that the trans- fer in ...
... consideration at a time when the grantor was insolvent , and was therefore void . These findings alone fully support the judgment . 3442. The plaintiff alleged , and the trial court made a special finding , that the trans- fer in ...
Page 60
... consideration of the " automatic bumper " that was in use at one time . There is evidence that it did not remedy the said defective construction of the truss , and that it was discontinued before plaintiff took charge of the mill as ...
... consideration of the " automatic bumper " that was in use at one time . There is evidence that it did not remedy the said defective construction of the truss , and that it was discontinued before plaintiff took charge of the mill as ...
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Common terms and phrases
affirmed agreement alleged amended amount Appeal from Superior appellant assignment attorney bank bill of lading cause of action claim Code Colo Company complaint concur contract corporation counsel Cowley county creditors damages decree deed defendant defendant in error defendant's demurrer denied Digests and Indexes District Court ditch entitled evidence execution fact fendant filed held injury instruction Judge judgment jury Key-Numbered Digests King County land lease liable lien ment mortgage motion negligence Oklahoma Okmulgee county overruled owner paid parties payment person petition plain plaintiff in error pleaded possession proceeding purchase purpose question quiet title reason record Rehearing reservoir respondent rule statute sufficient Superior Court Supreme Court sustained testified testimony thereof tiff tion topic and KEY-NUMBER tract trading stamps transcript trial court trust verdict Wash witness
Popular passages
Page 52 - Act to recover damages for personal injuries to an employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee...
Page 28 - It is admitted that the rule is difficult of application. 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 156 - Ed. 518] ), and that the true test of employment in such commerce in the sense intended is, was the employee at the time of the injury engaged in interstate transportation or in work so closely related to it as to be practically a part of it.
Page 221 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust...
Page 343 - If a bill of lading has been issued by a carrier or on his behalf by an agent or employee the scope of whose actual or apparent authority includes the issuing of bills of lading...
Page 28 - The true rule is that what is the proximate cause of an Injury is ordinarily a question for the jury. It is not a question of science or legal knowledge. It is to be determined as a fact, in view of the circumstances of fact attending It.
Page 351 - A holder in due course is a holder who has taken the instrument under the following conditions: (1) 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 351 - Where the holder of an instrument payable to his order transfers it for value without indorsing it, the transfer vests in the transferee such title as the transferor had therein, and the transferee acquires, in addition, the right to have the indorsement of the transferor.
Page 353 - ... for an injury to the rights of the plaintiff arising from some act or omission of such county or other public corporation.
Page 354 - 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.