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action affirmed agent agreed agreement alleged amount answer appeal application appropriation assignment authority Bank bonds building cause charged claim Code complaint constitution construction contract corporation counsel debt decision deed defendant denied determine directed district court ditch effect entered entitled error evidence execution fact favor filed follows further give given ground held instructions intent interest issued judg judgment jury land lien limitations matter ment mining mortgage motion necessary notice objection opinion original owner paid parties payment person plaintiff possession present prior proceedings purchase question reason received record reference refused rendered respondent reversed rule secured statute street sufficient suit Supreme Court sustained taken testimony thereof tion trial trust witness writ
Page 360 - ... 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 the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same ; and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed...
Page 83 - Anything which is injurious to health, or indecent or offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property, is a nuisance, and the subject of an action.
Page 220 - Where a court has jurisdiction, it has a right to decide every question which occurs in the cause ; and whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other court. But if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void.
Page 155 - ... such as may fairly and reasonably be considered either arising naturally — ie, according to the usual course of things, from such breach of contract itself — or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Page 182 - property," as used in this article and section, is hereby declared to include moneys, credits, bonds, stocks, dues, franchises, and all other matters and things, real, personal, and mixed, capable of private ownership...
Page 179 - A mortgage, deed of trust, contract, or other obligation by which a debt is secured, shall, for the purposes of assessment and taxation, be deemed and treated as an interest in the property affected thereby.
Page 139 - He shall have the right to demand the nature and cause of the accusation against him, and to have a copy thereof.
Page 64 - Bank, with interest at the rate of eight per cent per annum, payable after maturity. I further promise and agree to pay a reasonable attorney's fee if suit should be instituted for the collection of this note.