The Pacific Reporter, Volume 128West Publishing Company, 1913 - Law reports, digests, etc |
From inside the book
Results 1-5 of 99
Page 32
· [ 2 ] In this view the pleading filed by. LORIGAN , J. Appellant filed a petition in the superior court of Siskiyou county for a writ of mandate to compel the defendant , as justice of the peace of Lake township , in said county , to ...
· [ 2 ] In this view the pleading filed by. LORIGAN , J. Appellant filed a petition in the superior court of Siskiyou county for a writ of mandate to compel the defendant , as justice of the peace of Lake township , in said county , to ...
Page 33
... filed , an issue of fact arose as to all allegations in the complaint controverted by the answer and " upon any new matter in the answer . " Upon such issue being made , it was the duty of the justice to fix a day for the trial of the ...
... filed , an issue of fact arose as to all allegations in the complaint controverted by the answer and " upon any new matter in the answer . " Upon such issue being made , it was the duty of the justice to fix a day for the trial of the ...
Page 34
... filed not later than six months after such entry . If no notice of entry of judgment is so serv- ed , the party may ... filed within 60 days from the date of entry of the judgment , it was filed within 6 months after said date , and it ...
... filed not later than six months after such entry . If no notice of entry of judgment is so serv- ed , the party may ... filed within 60 days from the date of entry of the judgment , it was filed within 6 months after said date , and it ...
Page 61
... filed impeaching affida- vits , and from an order refusing to strike such affidavits from the files and overruling the motion for new trial defendant brings er- ror . Affirmed . the reason that the evidence referred to and set forth in ...
... filed impeaching affida- vits , and from an order refusing to strike such affidavits from the files and overruling the motion for new trial defendant brings er- ror . Affirmed . the reason that the evidence referred to and set forth in ...
Page 63
... filed . Appellants contend that the filing of a for- mal complaint , separate and apart from the affidavit , is not required ; that the affidavit and complaint may both be included in one pleading , if the pleading contains all the req ...
... filed . Appellants contend that the filing of a for- mal complaint , separate and apart from the affidavit , is not required ; that the affidavit and complaint may both be included in one pleading , if the pleading contains all the req ...
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Common terms and phrases
adverse possession affirmed agent alleged amended amount APPEAL AND ERROR appellant appellee attorney authority cause of action Cent charge claim Code complaint contract corporation counsel county court CRIMINAL LAW damages deed defendant's demurrer District Court duty election employé entitled evidence fact fendant filed Harvey county heirs held homestead injury instruction issue Judge judgment jury justice Key-No land larceny lease liability lien ment mortgage motion MUNICIPAL CORPORATIONS negligence Note.-For NUMBER in Dec Oklahoma Oklahoma City owner paid party payment person petition plaintiff in error pleadings possession purchase question railroad reason record Rep'r Indexes respondent rule Sadie King section NUMBER Series & Rep'r Stat statute Superior Court Supreme Court sustained Syllabus testified testimony thereof tiff tion topic and section tract trial court verdict witness writ
Popular passages
Page 149 - So that not only this our craft is in danger to be set at nought; but also that the temple of the great goddess Diana should be despised, and her magnificence should be destroyed, whom all Asia and the world worshippeth.
Page 9 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Page 106 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Page 149 - For a certain man named Demetrius, a silversmith which made silver shrines for Diana, brought no small gain unto the craftsmen whom he called together with the workmen of like occupation, and said, "Sirs, ye know that by this craft we have our wealth.
Page 154 - But a certain man named Ananias, with Sapphira his wife, sold a possession, and kept back part of the price, his wife also being privy to it, and brought a certain part, and laid it at the apostles
Page 296 - ... the person making such entry ; or if he be dead, his widow ; or in case of her death, his heirs or devisee ; or in case of a widow making such entry, her heirs or devisee, in case of her death, proves by two credible witnesses that he, she, or they have resided upon or cultivated the same for the term of five years immediately succeeding the time of filing the affidavit...
Page 27 - The use of all water now appropriated, or that may hereafter be appropriated, for sale, rental, or distribution, is hereby declared to be a public use, and subject to the regulation and control of the State, in the manner to be prescribed by law...
Page 174 - By an act imminently dangerous to others, and evincing a depraved mind, regardless of human life...
Page 128 - A communication made bona fide upon any subject-matter In which the party communicating has an interest, or in reference to which he has a duty, is privileged if made to a person having a corresponding interest or duty, although it contain criminatory matter, which, without this privilege, would be slanderous and actionable...
Page 400 - A principal is bound by acts of his agent, under a merely ostensible authority, to those persons only who have in good faith, and without want of ordinary care, incurred a liability or parted with value, upon the faith thereof.