The Pacific Reporter, Volume 9West Publishing Company, 1886 - Law reports, digests, etc |
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Results 1-5 of 74
Page 7
... hold that even in indictments for a felony , if the accused , anterior to trial , plead not guilty , and the plea is ac- cepted and recorded , the entire omission of an arraignment is cured on the ground of waiver . But we do not , in ...
... hold that even in indictments for a felony , if the accused , anterior to trial , plead not guilty , and the plea is ac- cepted and recorded , the entire omission of an arraignment is cured on the ground of waiver . But we do not , in ...
Page 9
... hold under just such a statute as ours that unless the ac- cused has been " put to a disadvantage " from the irregularity , his con- viction ought not to be set aside . * In Ohio , a statute requiring that a list of jurors be furnished ...
... hold under just such a statute as ours that unless the ac- cused has been " put to a disadvantage " from the irregularity , his con- viction ought not to be set aside . * In Ohio , a statute requiring that a list of jurors be furnished ...
Page 10
... hold that the error in denying the challenge for cause , if such it was , could not have injured accused , and therefore , being error without prejudice , it cannot be fatal to the judgment . Upon this subject the cases are not all in ...
... hold that the error in denying the challenge for cause , if such it was , could not have injured accused , and therefore , being error without prejudice , it cannot be fatal to the judgment . Upon this subject the cases are not all in ...
Page 11
... hold that where an attempt is made to set out the oath ad- ministered , it must affirmatively appear that no material part was omitted . It will be noticed that the record before us does not pur- port to give the exact oath administered ...
... hold that where an attempt is made to set out the oath ad- ministered , it must affirmatively appear that no material part was omitted . It will be noticed that the record before us does not pur- port to give the exact oath administered ...
Page 21
... hold , in view of all the provisions of the statute relating to the taking of the appeal , that the provision in question is directory , and , as we have stated above , permits the parties , or either of them , to elect to call upon the ...
... hold , in view of all the provisions of the statute relating to the taking of the appeal , that the provision in question is directory , and , as we have stated above , permits the parties , or either of them , to elect to call upon the ...
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Common terms and phrases
affirmed alleged amended amount answer Appeal from superior appellant assignment attorney authority bill cause of action charge Civil Procedure claim clerk Code common law complaint concur constitution contract counsel county of San court of equity creditors Custer county debt December 23 decree deed defendant defendant's demurrer district court election entitled evidence execution facts favor fendant Filed January held indictment intent issue January 29 judge judgment jurisdiction jury justice land legislature lien ment mortgage motion N. W. Rep notice objection offense opinion paid party payment person petition petitioner plaintiff in error pleadings polygamy possession premises proceedings purchase purpose question railroad reason record refused rendered respondent rule Shawnee county statute statute of limitations sufficient superior court supreme court sustained term territory testimony therein thereof tion trial verdict void witness writ Yellowstone county
Popular passages
Page 181 - ... connected with the subject of the action. Section 127 of the Revised Code of Civil Procedure provides: "The counterclaim mentioned in the last section must be one existing in favor of a defendant, and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action : 1.
Page 498 - By the law of the land is most clearly intended the general law ; a law which hears before it condemns ; which proceeds upon inquiry, and renders judgment only after trial.
Page 728 - ... upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect...
Page 91 - Every mortgage or conveyance intended to operate as a mortgage of goods and chattels which shall hereafter be made which shall not be accompanied by an immediate delivery and followed by an actual and continued change of possession...
Page 421 - An action for relief not hereinbefore provided for must be commenced within four years after the cause of action shall have accrued.
Page 159 - Whenever the defendant seeks affirmative relief against any party, relating to or depending upon the contract, transaction, matter, happening or accident upon which the action is brought, or affecting the property to which the action relates...
Page 699 - ... Laws are made for the government of actions, and while they cannot interfere with mere religious belief and opinions, they may with practices. Suppose one believed that human sacrifices were a necessary part of religious worship, would it be seriously contended that the civil government under which he lived could not interfere to prevent a sacrifice? Or if a wife religiously believed it was her duty to burn herself upon the funeral pile of her dead husband, would it be beyond the power of the...
Page 359 - Alameda, bounded and described as follows, to wit : [here insert description^] together with all and singular, the tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining ; and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof...
Page 499 - State, exerted within the limits of those fundamental principles of liberty and justice which lie at the base of all our civil and political institutions...
Page 641 - There can be but one action for the recovery of any debt, or the enforcement of any right secured by mortgage upon real estate or personal property, which action must be in accordance with the provisions of this chapter.