The Pacific Reporter, Volume 16West Publishing Company, 1888 - Law reports, digests, etc |
From inside the book
Results 1-5 of 80
Page 34
... cause of the injury . Held , that it was properly re- fused , and while intoxication might tend to corroborate proof of negligence , stand- ing alone it was not such proof . 4. SAME - KNOWLEDGE OF DEFECTS . In an action for damages for ...
... cause of the injury . Held , that it was properly re- fused , and while intoxication might tend to corroborate proof of negligence , stand- ing alone it was not such proof . 4. SAME - KNOWLEDGE OF DEFECTS . In an action for damages for ...
Page 35
... cause or reason ; that , before his team was driven onto the bridge , he was warned that it was unsafe , but that he was intoxicated at the time , and recklessly caused and directed the team to be driven upon it ; that the defect in the ...
... cause or reason ; that , before his team was driven onto the bridge , he was warned that it was unsafe , but that he was intoxicated at the time , and recklessly caused and directed the team to be driven upon it ; that the defect in the ...
Page 39
... cause upon that ground , but that where the challenge was interposed upon the part of the county , and overruled by the trial court , and the juror was afterwards challenged peremptorily upon the part of the county , it would be a ...
... cause upon that ground , but that where the challenge was interposed upon the part of the county , and overruled by the trial court , and the juror was afterwards challenged peremptorily upon the part of the county , it would be a ...
Page 40
... cause , therefore , was nec- essarily technical . The appellant was not compelled to resort to a peremp- tory challenge in order to exclude the juror for grounds for which he had been challenged for cause . There must have been an ...
... cause , therefore , was nec- essarily technical . The appellant was not compelled to resort to a peremp- tory challenge in order to exclude the juror for grounds for which he had been challenged for cause . There must have been an ...
Page 75
... cause on said transcript , and without the original files . 2. EMINENT DOMAIN - COMPENSATION - APPEAL FROM AWARD - EVIDENCE OF VALUE . Upon an appeal from an award of damages caused by the appropriation of a right of way through a farm ...
... cause on said transcript , and without the original files . 2. EMINENT DOMAIN - COMPENSATION - APPEAL FROM AWARD - EVIDENCE OF VALUE . Upon an appeal from an award of damages caused by the appropriation of a right of way through a farm ...
Other editions - View all
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.