The Pacific Reporter, Volume 16West Publishing Company, 1888 - Law reports, digests, etc |
From inside the book
Results 1-5 of 73
Page 4
... evidence was objected to on the ground that it is not evidence of any facts , and that there is no such certificate known to the law . The objection was overruled , and the defendant excepted , and in his statement on motion for a new ...
... evidence was objected to on the ground that it is not evidence of any facts , and that there is no such certificate known to the law . The objection was overruled , and the defendant excepted , and in his statement on motion for a new ...
Page 27
... evidence . In the month of September , 1881 , he made an amended certificate , including therein that por- tion of the Bristol in controversy here , being the same portion as he had be- fore included within his stakes , and in his ...
... evidence . In the month of September , 1881 , he made an amended certificate , including therein that por- tion of the Bristol in controversy here , being the same portion as he had be- fore included within his stakes , and in his ...
Page 28
... evidence that the de- fendant discovered , located , and recorded the Mammoth lode according to the requirement of law , as stated in other instructions , prior to the filing of plain- tiffs ' amended location certificate , January 12 ...
... evidence that the de- fendant discovered , located , and recorded the Mammoth lode according to the requirement of law , as stated in other instructions , prior to the filing of plain- tiffs ' amended location certificate , January 12 ...
Page 29
... evidence , that the so - called Bristol lode was discovered by an open cut or drift on the vein , then , in order to make a valid discovery , plaintiffs must have cut , by their work in such discovery , ten ( 10 ) feet below the surface ...
... evidence , that the so - called Bristol lode was discovered by an open cut or drift on the vein , then , in order to make a valid discovery , plaintiffs must have cut , by their work in such discovery , ten ( 10 ) feet below the surface ...
Page 47
... evidence is not necessarily meant the greatest number of witnesses , but that evidence which is , in the judgment of the jurors , after a consideration and examination of all the evidence , entitled to the greatest weight . ( 3 ) The ...
... evidence is not necessarily meant the greatest number of witnesses , but that evidence which is , in the judgment of the jurors , after a consideration and examination of all the evidence , entitled to the greatest weight . ( 3 ) The ...
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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.