The Pacific Reporter, Volume 176West Publishing Company, 1919 - Law reports, digests, etc |
From inside the book
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Page ix
... fact shall be sufficient answer numbering of the folio shall be printed on to the motion . If the respondent shall ... fact and date of the filing of the notice of appeal , the fact and date of the settlement and filing of the bill of ...
... fact shall be sufficient answer numbering of the folio shall be printed on to the motion . If the respondent shall ... fact and date of the filing of the notice of appeal , the fact and date of the settlement and filing of the bill of ...
Page xxiii
... fact and the date thereof . Ten days after such decision is filed the judgment shall be entered upon the minutes of ... Fact is Rais- ed . - If in such proceedings an answer be filed which raises an issue of fact essential RULE 62 ...
... fact and the date thereof . Ten days after such decision is filed the judgment shall be entered upon the minutes of ... Fact is Rais- ed . - If in such proceedings an answer be filed which raises an issue of fact essential RULE 62 ...
Page 10
... fact . It is not a question of what may be our individual opinions as to the facts shown by the record . The law casts that duty upon the jury as a distinct and auxiliary branch of the court , and unless the evidence shows negli- gence ...
... fact . It is not a question of what may be our individual opinions as to the facts shown by the record . The law casts that duty upon the jury as a distinct and auxiliary branch of the court , and unless the evidence shows negli- gence ...
Page 23
... fact en- tered until the 8th day of October , 1906. The trial judge before whom the cause was tried had long prior to this time retired from the bench , and the judge who signed the decree had no knowledge of the cause except that ...
... fact en- tered until the 8th day of October , 1906. The trial judge before whom the cause was tried had long prior to this time retired from the bench , and the judge who signed the decree had no knowledge of the cause except that ...
Page 26
... fact that it was executed within the month prior to its taking effect would not affect the term . It is the term , and not the time of the execution of the lease , of which the statute ( Rem . Code , § 8802 ) takes account . [ 3 ] ...
... fact that it was executed within the month prior to its taking effect would not affect the term . It is the term , and not the time of the execution of the lease , of which the statute ( Rem . Code , § 8802 ) takes account . [ 3 ] ...
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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.