The Pacific Reporter, Volume 176West Publishing Company, 1919 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page xi
... reversed or modified , and the order of reversal or modification contains no directions as to the costs of ap- peal , the clerk will enter upon the record , and insert in the remittitur , a judgment that the appellant recover the costs ...
... reversed or modified , and the order of reversal or modification contains no directions as to the costs of ap- peal , the clerk will enter upon the record , and insert in the remittitur , a judgment that the appellant recover the costs ...
Page 24
... reversal of the judgment upon the question of the acquisition and the proper disposition to be made of the property ... reversed , and the cause remanded , with directions to the su- perior court to proceed as herein indicated . • And ...
... reversal of the judgment upon the question of the acquisition and the proper disposition to be made of the property ... reversed , and the cause remanded , with directions to the su- perior court to proceed as herein indicated . • And ...
Page 39
... reversed and the cause re- manded to the trial court with directions to enter judgment in plaintiff's favor for a much larger sum than the trial court had awarded him . Upon the defendants ' petition for a rehearing , the cause was ...
... reversed and the cause re- manded to the trial court with directions to enter judgment in plaintiff's favor for a much larger sum than the trial court had awarded him . Upon the defendants ' petition for a rehearing , the cause was ...
Page 73
... Reversed and remanded , of the court must be based upon the report of with instructions . such commissioners . Hence , where commission- ers appointed to make partition report that the real estate in controversy can be partitioned in ...
... Reversed and remanded , of the court must be based upon the report of with instructions . such commissioners . Hence , where commission- ers appointed to make partition report that the real estate in controversy can be partitioned in ...
Page 74
... reversed ( 19 N. M. 91 , 140 Pac . 1118 ) , the court holding that it was not a proper case for the ap- plication of ... reversing the judgment is that the court below erred in overruling her mo- tion for a judgment on the mandate of the ...
... reversed ( 19 N. M. 91 , 140 Pac . 1118 ) , the court holding that it was not a proper case for the ap- plication of ... reversing the judgment is that the court below erred in overruling her mo- tion for a judgment on the mandate of the ...
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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.