The Pacific Reporter, Volume 89West Publishing Company, 1907 - Law reports, digests, etc |
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Results 1-5 of 100
Page 27
... plaintiff's complaint , he admitted all the allegations of the complaint , and that his mortgage was subsequent to and subject to the trust deed of the plaintiff , and alleged that it was " presented for the purpose of having the same ...
... plaintiff's complaint , he admitted all the allegations of the complaint , and that his mortgage was subsequent to and subject to the trust deed of the plaintiff , and alleged that it was " presented for the purpose of having the same ...
Page 37
... plaintiff acquired the notes and stock he had notice that Blake was the principal . If he had , then the re- lationship of principal and surety was es- tablished between them , and plaintiff had knowledge of that relationship . As we ...
... plaintiff acquired the notes and stock he had notice that Blake was the principal . If he had , then the re- lationship of principal and surety was es- tablished between them , and plaintiff had knowledge of that relationship . As we ...
Page 45
... plaintiff , or the one between the Pullman Company and the defendant com- pany upon which this argument is based , are the ones to consider in determining what the rights of the defendant company may be under the contracts pleaded . By ...
... plaintiff , or the one between the Pullman Company and the defendant com- pany upon which this argument is based , are the ones to consider in determining what the rights of the defendant company may be under the contracts pleaded . By ...
Page 46
... plaintiff and paid to her said sum of money that was deposited in Stockgrowers ' Bank in 1883. The case was tried to a jury . At the close of the plaintiff's case the court instructed the jury to render a verdict in favor of the ...
... plaintiff and paid to her said sum of money that was deposited in Stockgrowers ' Bank in 1883. The case was tried to a jury . At the close of the plaintiff's case the court instructed the jury to render a verdict in favor of the ...
Page 53
... plaintiff's bicycle , which was leaning against the curb . Held , that such facts were sufficient to sustain a ... plaintiff ap- peals . Affirmed . Thomas H. Hardcastle , for appellant . Joshua Grozier , for appellee . CAMPBELL , J. The ...
... plaintiff's bicycle , which was leaning against the curb . Held , that such facts were sufficient to sustain a ... plaintiff ap- peals . Affirmed . Thomas H. Hardcastle , for appellant . Joshua Grozier , for appellee . CAMPBELL , J. The ...
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Common terms and phrases
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.