The Pacific Reporter, Volume 61West Publishing Company, 1900 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 5
... witness stated that the mining company could purchase elsewhere if it saw fit . O. A. Southmayd , the secretary of the On- tario Mining Company , testified that the ac- count between the plaintiff and the defendant mining company ran ...
... witness stated that the mining company could purchase elsewhere if it saw fit . O. A. Southmayd , the secretary of the On- tario Mining Company , testified that the ac- count between the plaintiff and the defendant mining company ran ...
Page 74
... witness answered : " I cannot do that . It is six years ago . " The letter receiv- ed by the witness had been destroyed by him . Clarke , the alleged writer of the letter in question , was dead . The alleged copy was shown to be in his ...
... witness answered : " I cannot do that . It is six years ago . " The letter receiv- ed by the witness had been destroyed by him . Clarke , the alleged writer of the letter in question , was dead . The alleged copy was shown to be in his ...
Page 120
... witness was produced upon the trial , and by him it was attempted to be established that there were no such debts . If it were true that it was only necessary for appellees to show this , it is extremely doubtful wheth- er the testimony ...
... witness was produced upon the trial , and by him it was attempted to be established that there were no such debts . If it were true that it was only necessary for appellees to show this , it is extremely doubtful wheth- er the testimony ...
Page 121
... WITNESS - CROSS - EXAMINATION - BILL OF LAD- ING - APPEAL . 1. The limitation of cross - examination is a matter which rests in the sound discretion of the court , and unless there is manifest abuse of such discretion the higher court ...
... WITNESS - CROSS - EXAMINATION - BILL OF LAD- ING - APPEAL . 1. The limitation of cross - examination is a matter which rests in the sound discretion of the court , and unless there is manifest abuse of such discretion the higher court ...
Page 122
... witness McKinley , on direct examina- tion , testified that the oranges were the prop- erty of and belonged to the Orange County Fruit Exchange . This testimony is not con- tradicted , and is ample evidence to show who was the real ...
... witness McKinley , on direct examina- tion , testified that the oranges were the prop- erty of and belonged to the Orange County Fruit Exchange . This testimony is not con- tradicted , and is ample evidence to show who was the real ...
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Common terms and phrases
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...