The Pacific Reporter, Volume 98

Front Cover
West Publishing Company, 1909 - Law reports, digests, etc
"Comprising all the decisions of the Supreme Courts of California, Kansas, Oregon, Washington, Colorado, Montana, Arizona, Nevada, Idaho, Wyoming, Utah, New Mexico, Oklahoma, District Courts of Appeal and Appellate Department of the Superior Court of California and Criminal Court of Appeals of Oklahoma." (varies)

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Page 146 - ... but the people reserve to themselves power to propose laws and amendments to the constitution and to enact or reject the same at the polls, independent of the legislative assembly...
Page 419 - No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this title, unless the same be contained in some writing signed by the party to be charged thereby; but this section shall not alter the effect of any payment of principal or interest.
Page 242 - When any office shall, from any cause become vacant, and no mode is provided by the Constitution and laws for filling such vacancy, the Governor shall have power to fill such vacancy by granting a commission which shall expire at the end of the next session of the Legislature, or at the next election by the people.
Page 412 - Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title Of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as a holder in due course.
Page 73 - The words of a contract are to be understood in their ordinary and popular sense, rather than according to their strict legal meaning; unless used by the parties in a technical sense, or unless a special meaning is given to them by usage, in which case the latter must be followed.
Page 322 - By reason of the negligence of any person in the service of the employer who has any superintendence entrusted to him whilst in the exercise of such superintendence...
Page 182 - The general assembly shall provide such revenue as may be needful by levying a tax, by valuation, so that every person and corporation shall pay a tax in proportion to the value of his, her or its property...
Page 293 - The court must, in every stage of an action, disregard any error, or defect, in the pleadings or proceedings, which does not affect the substantial rights of the adverse party ; and no judgment can be reversed or affected by reason of such error or defect.
Page 412 - Every negotiable instrument is deemed prima facie to have been issued for a valuable consideration, and every person whose signature appears thereon to have become a party thereto for value.
Page 83 - Where one of two innocent persons must suffer by the act of a third, he, by whose negligence it happened, must be the sufferer.

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