The Pacific Reporter, Volume 89West Publishing Company, 1907 - Law reports, digests, etc |
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Results 1-5 of 100
Page 67
... appeal , where the evidence does not preponderate against the finding . [ Ed . Note . - For cases in point , see Cent . Dig . vol . 3 , Appeal and Error , § 3983. ] 7. MANDAMUS CORPORATE LING TRANSFER - LACHES . STOCK - COMPEL- A ...
... appeal , where the evidence does not preponderate against the finding . [ Ed . Note . - For cases in point , see Cent . Dig . vol . 3 , Appeal and Error , § 3983. ] 7. MANDAMUS CORPORATE LING TRANSFER - LACHES . STOCK - COMPEL- A ...
Page 83
... appeal . There has also been sub- mitted by respondent a motion for an order of this court " dismissing the appeal of the appellants herein or affirming the judgment appealed from , " which motion will herein- after be considered . The ...
... appeal . There has also been sub- mitted by respondent a motion for an order of this court " dismissing the appeal of the appellants herein or affirming the judgment appealed from , " which motion will herein- after be considered . The ...
Page 84
... appeal or affirming the judgment upon grounds stated in the mo- tion . It appears from the papers filed on said motion that afterwards , on the appeal of said Dolores A. de Rivera , the appeal was dismissed ; that on the said appeal of ...
... appeal or affirming the judgment upon grounds stated in the mo- tion . It appears from the papers filed on said motion that afterwards , on the appeal of said Dolores A. de Rivera , the appeal was dismissed ; that on the said appeal of ...
Page 114
... APPEAL - REVIEW COMPLAINT - SUFFI- CIENCY . One appealing from an order denying a motion for a new trial cannot raise the point that the complaint is defective . [ Ed . Note . For cases in point , see Cent . Dig . vol . 3 , Appeal and ...
... APPEAL - REVIEW COMPLAINT - SUFFI- CIENCY . One appealing from an order denying a motion for a new trial cannot raise the point that the complaint is defective . [ Ed . Note . For cases in point , see Cent . Dig . vol . 3 , Appeal and ...
Page 135
... Appeal , First District , California . Jan. 3 , 1907. ) 1. PLEDGES -- SALF - OBJECTIONS - ESTOPPEL . Plaintiff's assignor pledged certain bonds to secure a debt , and was present , but did not object to a private sale thereof , on April ...
... Appeal , First District , California . Jan. 3 , 1907. ) 1. PLEDGES -- SALF - OBJECTIONS - ESTOPPEL . Plaintiff's assignor pledged certain bonds to secure a debt , and was present , but did not object to a private sale thereof , on April ...
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action affirmed alleged amended amount answer appellant attorney Bank Bernalillo county bond cattle cause cause of action Cent charge claim Colo common carrier complaint concur contract corporation counsel decree deed defendant defendant's demurrer dence denied district court employé entitled estoppel evidence executed fact favor fendant filed habeas corpus held injury instructions interest issue Judge judgment jurisdiction jury land liability matter ment mortgage motion negligence Note.-For notice opinion owner paid parties payment person petition plaintiff in error pleadings possession proceedings Pullman Company purchase purpose question quiet title reason record recover respondent rule statement statute sufficient Superior Court Supreme Court surety sustained territory testator testified testimony thereof tide lands tiff tion trial court verdict Wash Washoe County Wickard witness writ
Popular passages
Page 277 - It shall be the duty of the adverse claimant, within thirty days after filing his claim, to commence proceedings in a court of competent jurisdiction to determine the question of the right of possession, and prosecute the same with reasonable diligence to final judgment; and a failure so to do shall be a waiver of his adverse claim.
Page 292 - ... to be arrested and secured and to cause notice of the arrest to be given to the executive authority making such demand or to the agent of such authority appointed to receive the fugitive and to cause the fugitive to be delivered to such agent when he shall appear.
Page 26 - But where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or verdict was rendered. In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry must always be as to the point or question...
Page 380 - ... devise, legacy, estate, interest, gift or appointment of, or affecting any real or personal estate...
Page 18 - ... keep the word of promise to the ear, and break it to the hope" — we have presumed to court the assistance of the friends of the drama to strengthen our infant institution.
Page 112 - An attorney cannot, without the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of professional employment...
Page 30 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Page 290 - In case of the death, or other disability, of a party, the court, on motion, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
Page 50 - All persons having an interest in the subject of the action and in obtaining the relief demanded...
Page 428 - By any act which discharges the instrument; 2. By the intentional cancellation of his signature by the holder; 3. By the discharge of a prior party; 4.