The Pacific Reporter, Volume 16West Publishing Company, 1888 - Law reports, digests, etc |
From inside the book
Results 1-5 of 72
Page 11
... further stipulated in the court below that the tract in controversy is within the exterior boundaries . Can he , in the face of this stipulation , be permitted to affirm on appeal that the tract is not within those boundaries ? This ar ...
... further stipulated in the court below that the tract in controversy is within the exterior boundaries . Can he , in the face of this stipulation , be permitted to affirm on appeal that the tract is not within those boundaries ? This ar ...
Page 16
... further ; which last is , in our judgment , but saying that a court cannot go further , consistently with the well - settled rule . We are of opinion the court ruled correctly that , as to the residue of the fee above defined , the ...
... further ; which last is , in our judgment , but saying that a court cannot go further , consistently with the well - settled rule . We are of opinion the court ruled correctly that , as to the residue of the fee above defined , the ...
Page 27
... further certificate of location being made without waiver of any previous rights , but to correct any error in prior location or record , and to secure all the benefits of section 1823 of the General Laws of Colorado . " Date of ...
... further certificate of location being made without waiver of any previous rights , but to correct any error in prior location or record , and to secure all the benefits of section 1823 of the General Laws of Colorado . " Date of ...
Page 39
... further objection seems to have been made in filling the panel . Since the petition for a rehearing , we have made a further examination of the question as to the effect of overruling a challenge for bias , where the party interposing ...
... further objection seems to have been made in filling the panel . Since the petition for a rehearing , we have made a further examination of the question as to the effect of overruling a challenge for bias , where the party interposing ...
Page 54
... further , that upon the waiver and stipulation of the treasurer , and the findings of the trial court , judgment should be rendered in favor of the plaintiff for the issuance of the peremptory writ . 2. TAXATION - REDEMPTION - TENDER ...
... further , that upon the waiver and stipulation of the treasurer , and the findings of the trial court , judgment should be rendered in favor of the plaintiff for the issuance of the peremptory writ . 2. TAXATION - REDEMPTION - TENDER ...
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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.