The Pacific Reporter, Volume 9West Publishing Company, 1886 - Law reports, digests, etc |
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Results 1-5 of 65
Page 4
... jury the indictment was found ; but the prosecution is not confined to these witnesses on the trial of the case , but may introduce others , by the indul- gence of the court exercising its wise discretion . 5. SAME AT WHAT TIME LIST OF ...
... jury the indictment was found ; but the prosecution is not confined to these witnesses on the trial of the case , but may introduce others , by the indul- gence of the court exercising its wise discretion . 5. SAME AT WHAT TIME LIST OF ...
Page 5
... jury of the defendant's interest in the result of the trial , provided it refrains from intimating or suggesting the degree of weight to be given to such interest . 12. SAME - GUILT REASONABLE DOUBT - DEFINITION . In instructing the jury ...
... jury of the defendant's interest in the result of the trial , provided it refrains from intimating or suggesting the degree of weight to be given to such interest . 12. SAME - GUILT REASONABLE DOUBT - DEFINITION . In instructing the jury ...
Page 11
... jury were " duly sworn , " or that they were " sworn according to law , " it would have been sufficient ; but while , conceding this , a number of the de- cisions hold that where an attempt is made to set out the oath ad- ministered ...
... jury were " duly sworn , " or that they were " sworn according to law , " it would have been sufficient ; but while , conceding this , a number of the de- cisions hold that where an attempt is made to set out the oath ad- ministered ...
Page 12
... jury should be told that they need not discard it in so far as it relates to such other matters . This position would perhaps be correct should a court assume the doubtful author- ity of directing the jury that they must disregard the ...
... jury should be told that they need not discard it in so far as it relates to such other matters . This position would perhaps be correct should a court assume the doubtful author- ity of directing the jury that they must disregard the ...
Page 13
... jury have an undoubted right to consider all the circum- stances under which it is given , including his particular personal in- terest in the result of the trial ; and it is not error for the court to remind them of the latter ...
... jury have an undoubted right to consider all the circum- stances under which it is given , including his particular personal in- terest in the result of the trial ; and it is not error for the court to remind them of the latter ...
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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.