The Pacific Reporter, Volume 61West Publishing Company, 1900 - Law reports, digests, etc |
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Page 11
... opinion was expressed thereon or not . As we understand it , however , this court has never gone fur- ther in the application of the rule than to hold that it is bound by a former decision upon all points necessary to a determination of ...
... opinion was expressed thereon or not . As we understand it , however , this court has never gone fur- ther in the application of the rule than to hold that it is bound by a former decision upon all points necessary to a determination of ...
Page 28
... opinion , and neither the opinion nor the mandate requires a trial de ΠΟΝΟ to be granted , the effect is to place the case in the same position in the court below as it was in at the time when the progress of the trial was interrupted ...
... opinion , and neither the opinion nor the mandate requires a trial de ΠΟΝΟ to be granted , the effect is to place the case in the same position in the court below as it was in at the time when the progress of the trial was interrupted ...
Page 29
... opinion and re- mittitur of the supreme court as requiring a new trial , and consequently as requiring the plaintiffs to again introduce all their evidence in the same manner as at the first trial of the cause . The appellants insist ...
... opinion and re- mittitur of the supreme court as requiring a new trial , and consequently as requiring the plaintiffs to again introduce all their evidence in the same manner as at the first trial of the cause . The appellants insist ...
Page 30
... opinion , and nei- ther the opinion nor the mandate requires a trial de novo to be granted , the effect is to place the case in the same position in the court below as it was in at the time when the progress of the trial was interrupted ...
... opinion , and nei- ther the opinion nor the mandate requires a trial de novo to be granted , the effect is to place the case in the same position in the court below as it was in at the time when the progress of the trial was interrupted ...
Page 32
... opinion , this court tacitly acknowledged the jurisdiction , by deciding the case upon the merits . The important proposition in this case , however , and the one it is desirable should be settled , is involved in appellant's second ...
... opinion , this court tacitly acknowledged the jurisdiction , by deciding the case upon the merits . The important proposition in this case , however , and the one it is desirable should be settled , is involved in appellant's second ...
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adverse possession affirmed agent alleged amount answer appeal assignment authority Baker county Bank bonds cause of action certificate claim Code Colo complaint constitution contract corporation coun counsel court of equity creditors debt decision decree deed defendant defendant's demurrer denied district court ditch entitled evidence execution fact favor fendant filed held Hodgeman county homestead instructions interest irrigation issued judg judgment jurisdiction jury land lien mandamus ment mortgage motion negligence nonsuit owner paid parties payment person plaintiff in error possession prior proceedings purchase purpose question railroad reason record rendered respondent reversed rule Rush county secured Simon Oppenheimer statute statute of limitations sufficient suit superior court Supreme Court sustained taxes testified testimony thereof tiff tion trial court trust Truxton Utah verdict Witcher witness writ
Popular passages
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 30 - A discharge in bankruptcy shall release a bankrupt from all of his provable debts...
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.
Page 360 - States, which shall have filed with the secretary of the interior a copy of its articles of incorporation, and due proofs of its organization under the same, to the extent of one hundred feet on each side of the central line of said road...