The Pacific Reporter, Volume 9West Publishing Company, 1886 - Law reports, digests, etc |
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Results 1-5 of 75
Page 5
... reversed ; because the arraignment and plea constitute the issue to be tried , and consequently , if there was no arraignment and plea , there is nothing upon which a trial could be had . The record proper contains the following entry ...
... reversed ; because the arraignment and plea constitute the issue to be tried , and consequently , if there was no arraignment and plea , there is nothing upon which a trial could be had . The record proper contains the following entry ...
Page 18
... reversed and the cause remanded . ( S Colo . 542 ) DANIELS V. MILLER , Successor , etc. Filed December 18 , 1885 . 1. PRACTICE - APPEALABLE JUDGMENT OR ORDER - POWER OF TRIAL JUDGE TO DETERMINE APPEALABILITY . It is not within the ...
... reversed and the cause remanded . ( S Colo . 542 ) DANIELS V. MILLER , Successor , etc. Filed December 18 , 1885 . 1. PRACTICE - APPEALABLE JUDGMENT OR ORDER - POWER OF TRIAL JUDGE TO DETERMINE APPEALABILITY . It is not within the ...
Page 25
... reversed by the supreme court ; but it is not pre- tended that this would be a speedy or adequate remedy . The absolute right to an appeal is given by the statute in the cases specified therein . The right to a stay of the judgment or ...
... reversed by the supreme court ; but it is not pre- tended that this would be a speedy or adequate remedy . The absolute right to an appeal is given by the statute in the cases specified therein . The right to a stay of the judgment or ...
Page 33
... reversed or affected by reason of such error or defect . " Provision is made in the same section for amendments to the pleadings when the evidence shall vary from the allegations thereof . This may be done when the attention of the ...
... reversed or affected by reason of such error or defect . " Provision is made in the same section for amendments to the pleadings when the evidence shall vary from the allegations thereof . This may be done when the attention of the ...
Page 70
... as somewhat doubtful , but is inclined to con- cur in the view I have expressed . The judgment appealed from will therefore be reversed . SUPREME COURT OF CALIFORNIA . HOLMES v . WARREN . 70 [ Or . PACIFIC REPORTER .
... as somewhat doubtful , but is inclined to con- cur in the view I have expressed . The judgment appealed from will therefore be reversed . SUPREME COURT OF CALIFORNIA . HOLMES v . WARREN . 70 [ Or . PACIFIC REPORTER .
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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.