The Pacific Reporter, Volume 114West Publishing Company, 1911 - Law reports, digests, etc |
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Page 14
... rule which makes ord which might tend to show that the plain - it incumbent upon the operator of the ma- tiff had knowledge of the defects of the ma- chine , or that he was placed in a position so that if he had used ordinary care he ...
... rule which makes ord which might tend to show that the plain - it incumbent upon the operator of the ma- tiff had knowledge of the defects of the ma- chine , or that he was placed in a position so that if he had used ordinary care he ...
Page 20
... rule with reference to compensation . The rule is thus announced by the author of the text in Cyc . at page 757 , vol . 15 : " Com- pensation must be reckoned from the stand- point of what the landowner loses by having his property ...
... rule with reference to compensation . The rule is thus announced by the author of the text in Cyc . at page 757 , vol . 15 : " Com- pensation must be reckoned from the stand- point of what the landowner loses by having his property ...
Page 21
... rule . The conten- of this particular case . The reasonable mar- tion made by appellant is correct upon the- ket value of the property sought to be taken ory , but is not applicable to the facts of the is the true measure of damages for ...
... rule . The conten- of this particular case . The reasonable mar- tion made by appellant is correct upon the- ket value of the property sought to be taken ory , but is not applicable to the facts of the is the true measure of damages for ...
Page 24
... rule that has been adopted and uniformly followed by this court , it is quite clear to us that the evi- dence made a prima facie case and was suffi- cient to go to the jury , and that it was error to grant a nonsuit . The evidence in ...
... rule that has been adopted and uniformly followed by this court , it is quite clear to us that the evi- dence made a prima facie case and was suffi- cient to go to the jury , and that it was error to grant a nonsuit . The evidence in ...
Page 31
... rule , and distinguishes between cases of rape when the element of force is a necessary ele- ment , and also refers to other cases where the intercourse is had without force and with the consent of the female . This rule is not applied ...
... rule , and distinguishes between cases of rape when the element of force is a necessary ele- ment , and also refers to other cases where the intercourse is had without force and with the consent of the female . This rule is not applied ...
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affirmed alleged answer Appeal and Error appellant appellee application attorney ballot bank case-made cause of action Cent charged claim Coal county Colo complaint concur Constitution contract counsel CRIMINAL LAW Custer county damages deed defendant defendant's demurrer dence district court election eminent domain evidence fact fendant filed Fred Fish held Idaho indictment instructions intention issue Jordan river judge judgment jurisdiction juror jury justice land March 11 matter ment mortgage motion negligence Note Note.-For NUMBER in Dec Oklahoma opinion osteopathy paid parties payment person petition plaintiff in error pleadings proceedings prosecution purchase question railroad reason record Rep'r Indexes respondent rule section NUMBER Series & Rep'r statute sufficient Supreme Court Syllabus testified testimony thereof tion topic and section track trial court Utah Lake verdict vote Wash witness
Popular passages
Page 86 - The cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
Page 307 - AD eighteen , at the county of (here set forth the act or omission charged as an offense), contrary to the form, force, and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of California.
Page 235 - The signatures to the petition need not all be appended to one paper, but each signer shall add to his signature his place of residence, giving the street and number. One of the signers of each such paper shall make oath before an officer competent to administer oaths that the statements therein made are true...
Page 150 - Provided: That the right to the use of water acquired under the provisions of this Act shall be appurtenant to the land irrigated, and beneficial use shall be the basis, the measure, and the limit of the right.
Page 195 - 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 in due course.
Page 195 - But a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the latter.
Page 262 - It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Page 97 - If against a minor, under the age of fourteen years, residing within this state: to such minor, personally, and also to his father, mother, or guardian; or if there be none within this state, then to any person having the care or control of such minor, or with whom he resides, or in whose service he is employed.
Page 189 - The answer of the defendant must contain: 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief; 2.
Page 12 - Where the variance Is not material, as provided in the last section, the Court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs.