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action affirmed agent agreed agreement alleged amount answer appellant application appropriation Argument attorney authority Bank cause cause of action charge claim complaint concur constitution contract corporation costs County Court-Budge damages deed defendant denying dismissed district court easement effect entered entitled error evidence examination executed fact filed finding follows fund given granted ground held homestead Idaho instructions intention interest issued Judge judgment Judicial jury land matter ment mortgage motion necessary notice Opinion owner paid party payment permit person plaintiff possession present proceedings prosecuting purchase question reason record recover refused respondent rule Smith statute sufficient supra sustained taken thereof tion transcript trial court unless verdict void witness
Page 414 - The following contracts are invalid, unless the same, or some note or memorandum thereof, is in writing and subscribed by the party to be charged or by his agent: 1.
Page 588 - ... he has made at other times statements inconsistent with his present testimony as provided in section 93-1901-12." Section 93-1901-12, RCM1947. "A witness may also be impeached by evidence that he has made, at other times, statements inconsistent with his present testimony...
Page 155 - Territory for preliminary examination, charged with the commission of any crime therein, and where it appears from the evidence that a crime has been committed, and that there is probable cause to believe the accused guilty thereof...
Page 400 - ... if the interest of the insured be other than unconditional and sole ownership; or if the subject of insurance be a building on ground, not owned by the insured in fee simple...
Page 862 - An agreement that by its terms is not to be performed within a year from the making thereof ; 2.
Page 444 - All taxes shall be uniform, upon the same class of subjects, within the territorial limits of the authority levying the tax, and shall be levied and collected under general laws...
Page 157 - it is undoubtedly settled law that a judgment of a court of competent jurisdiction upon a question directly involved in one suit is conclusive as to that question in another suit between the same parties. But to this operation of the judgment it must appear, either upon the face of the record or be shown by extrinsic evidence, that the precise question was raised and determined in the former suit.
Page 101 - 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.
Page 713 - Where the instrument contains or a person adds to his signature words indicating that he signs for or on behalf of a principal, or in a representative capacity, he is not liable on the instrument if he was duly authorized; but the mere addition of words describing him as an agent, or as filling a representative character, without disclosing his principal, does not exempt him from personal liability.