The Pacific Reporter, Volume 179West Publishing Company, 1919 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 7
... constitute a different cause of action and the dismissal , even if amounting to a final ad- judication of the former cause of action , will not be res judicata as to the new cause of ac- tion ( quoting Words and Phrases , First Series ...
... constitute a different cause of action and the dismissal , even if amounting to a final ad- judication of the former cause of action , will not be res judicata as to the new cause of ac- tion ( quoting Words and Phrases , First Series ...
Page 21
... constitute a written contract between the parties , and for that reason the cause of action was barred by the statute of limita- tion . [ 1 ] The demurrer admitted the truth of the allegations that the contract was executed for the use ...
... constitute a written contract between the parties , and for that reason the cause of action was barred by the statute of limita- tion . [ 1 ] The demurrer admitted the truth of the allegations that the contract was executed for the use ...
Page 37
... constitute a cause of action ; second , demur- red specially upon the same grounds to the second and third cause of action contained in plaintiffs ' amended petition . On June 26 , 1916 , the court sustained the demurrer to the first ...
... constitute a cause of action ; second , demur- red specially upon the same grounds to the second and third cause of action contained in plaintiffs ' amended petition . On June 26 , 1916 , the court sustained the demurrer to the first ...
Page 42
... constitute a bar to the further prosecution of this proceeding . 2. APPEAL AND ERROR 1009 ( 4 ) —EQUITY CASE - WEIGHT OF EVIDENCE - REVIEW . In a case of equity jurisdiction , this court will examine the whole record , and if it clearly ...
... constitute a bar to the further prosecution of this proceeding . 2. APPEAL AND ERROR 1009 ( 4 ) —EQUITY CASE - WEIGHT OF EVIDENCE - REVIEW . In a case of equity jurisdiction , this court will examine the whole record , and if it clearly ...
Page 49
... constitute an admission against interest . ARMSTRONG , J. The plaintiff in error , | versation and that defendant said to Goertz : Jasper Carl David , was convicted at the Oc- tober , 1915 , term of the district court of Major county ...
... constitute an admission against interest . ARMSTRONG , J. The plaintiff in error , | versation and that defendant said to Goertz : Jasper Carl David , was convicted at the Oc- tober , 1915 , term of the district court of Major county ...
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Common terms and phrases
acequias affirmed agreement alleged amended amount Appeal from Superior appellant assessment authority bank bonds cause of action charge claim Code Colo complaint concur constitute contention contract contributory negligence corporation damages deceased deed defendant defendant's demurrer denied Digests and Indexes District Court eminent domain employé entitled evidence executed fact favor fendant filed finding held injury interest issue Judge jury Key-Numbered Digests land lease levy liability lien liquor Mayes county ment mortgage motion MUNICIPAL CORPORATIONS negligence owner paid parties payment person petition plaintiff in error pleadings possession purchase question quiet title real estate reason recover replevin res adjudicata respondent rule Russell Springs statute street sufficient Superior Court Supreme Court testimony thereof tiff tion topic and KEY-NUMBER trial court verdict witness writ
Popular passages
Page 210 - ... no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this state.
Page 161 - ... 1. At a fixed period after date or sight ; or 2. On or before a fixed or determinable future time specified therein; or 3. On or at a fixed period after the occurrence of a specified event, which is certain to happen, though the time of happening be uncertain. An instrument payable upon a contingency is not negotiable, and the happening of the event does not cure the defect.
Page 405 - A contract may be explained by reference to the circumstances under which it was made, and the matter to which it relates.
Page 264 - An action does not abate by the death, marriage or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue.
Page 209 - If the offense charged be punishable with death, the entertaining of such conscientious opinions as would preclude his finding the defendant guilty; in which case he must neither be permitted nor compelled to serve as a juror.
Page 25 - This company shall not be liable beyond the actual cash value of the property at the time any loss or damage occurs, and the loss or damage shall be ascertained or estimated according to such actual cash value, with proper deduction for depreciation however caused, and shall in no event exceed what it would then cost the insured to repair or replace the same with material of like kind and quality...
Page 292 - ... the person receiving it, or to be benefited thereby, or his agent acting therein, shall then have reasonable cause to believe that the enforcement of such judgment or transfer would effect a preference, it shall be voidable by the trustee and he may recover the property or its value from such person...
Page 192 - ... resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.
Page 387 - Every person in the service of the State, or any county, city and county, city, town, village or school district therein, and all public corporations, under any appointment or contract of hire, express or implied, oral or written...
Page 252 - A check of itself does not operate as an assignment of any part of the funds to the credit of the drawer with the bank, and the bank is not liable to the holder, unless and until it accepts or certifies the check.