The Pacific Reporter, Volume 16West Publishing Company, 1888 - Law reports, digests, etc |
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Results 1-5 of 81
Page 97
... ACTION - DISMISSAL . To sustain an action for malicious prosecution , it is a sufficient termination of the criminal proceeding out of which it arose if there was a dismissal by the county attorney without trial . A verdict and a ...
... ACTION - DISMISSAL . To sustain an action for malicious prosecution , it is a sufficient termination of the criminal proceeding out of which it arose if there was a dismissal by the county attorney without trial . A verdict and a ...
Page 103
... action . It is true that Cady , the constable , had the right to levy upon the mare at the time when he did so levy , for at that time Brizendine had the rightful possession of the mare , and Ament's mortgage was not yet due ; but Cady ...
... action . It is true that Cady , the constable , had the right to levy upon the mare at the time when he did so levy , for at that time Brizendine had the rightful possession of the mare , and Ament's mortgage was not yet due ; but Cady ...
Page 106
... action against the board of county commissioners . Here , as there , no allegation was made that the county treasurer was unable to refund the moneys demanded because of a want of funds in his hands ; nor was there any allegation that ...
... action against the board of county commissioners . Here , as there , no allegation was made that the county treasurer was unable to refund the moneys demanded because of a want of funds in his hands ; nor was there any allegation that ...
Page 107
... action between private parties to be binding , is not conclusive , and does not bind the state in this action . Here the state , in the exercise of one of its sovereign powers , is attempting to compel obedience to its laws , and cannot ...
... action between private parties to be binding , is not conclusive , and does not bind the state in this action . Here the state , in the exercise of one of its sovereign powers , is attempting to compel obedience to its laws , and cannot ...
Page 111
... action . “ ( 3 ) And defendants , further answering , say that the relator ought not to have a peremptory writ against them , or either of them , for the further reasons , to - wit : That all of the matters and things asserted and ...
... action . “ ( 3 ) And defendants , further answering , say that the relator ought not to have a peremptory writ against them , or either of them , for the further reasons , to - wit : That all of the matters and things asserted and ...
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Common terms and phrases
action affidavit affirmed alimony alleged answer Appeal from superior appellant attorney authority cause certificate charge Civil Code claim commenced commissioners complaint concur consent contract counsel Court of California court of equity damages decree deed defendant in error defendant's demurrer district court Douglas county duty entitled evidence execution fact fendant filed Fresno county grant ground held husband injury instruction issued James Bush Judge judgment jury justice Kansas land lease lien marriage ment mortgage motion N. W. Rep notice objection overruled owner paid parties patent payment person petition plaintiff in error possession premises proceedings purchase question reason record recover refused replevin respondent rule Rush county statute statute of frauds statute of limitations sufficient superior court Supreme Court testimony thereof tion trial verdict wife William Bush William Sharon witness writ
Popular passages
Page 307 - A plaintiff in ejectment must recover upon the strength of his own title, and not upon the weakness of his adversary's...
Page 342 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
Page 276 - ... or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them ; or upon any agreement that is not to be performed within the space of one year from the making thereof ; unless the agreement, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 318 - Marriage is a personal relation arising out of a civil contract, to which the consent of parties capable of making it is necessary. Consent alone will not constitute marriage; it must be followed by a solemnization, or by a mutual assumption of marital rights, duties, or obligations.
Page 238 - The court may determine any controversy between the parties before it, when it can be done without prejudice to the rights of others or by saving their rights; but when a complete determination of the controversy cannot be had without the presence of other parties...
Page 520 - ... of another, his heirs or personal representatives may maintain an action for damages against the person causing the death, or if such person be employed by another person who is responsible for his conduct, then also against such other person. In every action under this and the preceding section, such damages may be given as under all the circumstances of the case, may be just.
Page 234 - ... 1. The surviving husband or wife, or some competent person whom he or she may request to have appointed. 2. The children. 3. The father and mother. 4. The brothers. ,' 5. The sisters. / 6. The grandchildren. 7. The next of kin entitled to share in the distribution of the estate.
Page 274 - That the judicial power of said Territory shall be vested in a supreme court, district courts, probate courts, and justices of the peace.
Page 457 - No law shall be revised or amended by reference to its title, but in such case the Act revised or section amended shall be reenacted and published at length as revised or amended...
Page 345 - Consent to and subsequent consummation of marriage may be manifested in any form, and may be proved under the same general rules of evidence as facts in other cases.