The Pacific Reporter, Volume 89West Publishing Company, 1907 - Law reports, digests, etc |
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Results 1-5 of 99
Page 5
... considered in connection with all the other evidence in the case . Her evi- dence shows her to be bright and intelligent , indeed more than ordinarily so for one of her age , and , in view of all the evidence and surrounding ...
... considered in connection with all the other evidence in the case . Her evi- dence shows her to be bright and intelligent , indeed more than ordinarily so for one of her age , and , in view of all the evidence and surrounding ...
Page 11
... considered a separate offense . The defendant introduced evidence tending to prove that the city of Lebanon had a popu- lation of about 700 ; that the annual revenue of the city for the two preceding years , and which was sufficient to ...
... considered a separate offense . The defendant introduced evidence tending to prove that the city of Lebanon had a popu- lation of about 700 ; that the annual revenue of the city for the two preceding years , and which was sufficient to ...
Page 18
... considered by the Alabama court , yet such differences as exist are of a kind to give the one here involved more the character of an acceptance . The promise that the order shall receive prompt and careful attention seems to imply ...
... considered by the Alabama court , yet such differences as exist are of a kind to give the one here involved more the character of an acceptance . The promise that the order shall receive prompt and careful attention seems to imply ...
Page 26
... considered as much set- tled by the judgment as if it stood alone as the issue in the case . For these reasons , the more correct doctrine is that the estoppel covers the point which was actually litigated , and which actually ...
... considered as much set- tled by the judgment as if it stood alone as the issue in the case . For these reasons , the more correct doctrine is that the estoppel covers the point which was actually litigated , and which actually ...
Page 54
... considered as negligence in the fastening or leaving unattended of one horse that would not be so considered in an- other , and for that reason the character of the horse as being gentle or vicious is rele- vant . The In Pearl v ...
... considered as negligence in the fastening or leaving unattended of one horse that would not be so considered in an- other , and for that reason the character of the horse as being gentle or vicious is rele- vant . The In Pearl v ...
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Common terms and phrases
action affirmed alleged amended amount answer appellant attorney Bank Bernalillo county bond cattle cause cause of action Cent charge claim Colo common carrier complaint concur contract corporation counsel decree deed defendant defendant's demurrer dence denied district court employé entitled estoppel evidence executed fact favor fendant filed habeas corpus held injury instructions interest issue Judge judgment jurisdiction jury land liability matter ment mortgage motion negligence Note.-For notice opinion owner paid parties payment person petition plaintiff in error pleadings possession proceedings Pullman Company purchase purpose question quiet title reason record recover respondent rule statement statute sufficient Superior Court Supreme Court surety sustained territory testator testified testimony thereof tide lands tiff tion trial court verdict Wash Washoe County Wickard witness writ
Popular passages
Page 277 - It shall be the duty of the adverse claimant, within thirty days after filing his claim, to commence proceedings in a court of competent jurisdiction to determine the question of the right of possession, and prosecute the same with reasonable diligence to final judgment; and a failure so to do shall be a waiver of his adverse claim.
Page 18 - ... keep the word of promise to the ear, and break it to the hope" — we have presumed to court the assistance of the friends of the drama to strengthen our infant institution.
Page 380 - ... devise, legacy, estate, interest, gift or appointment of, or affecting any real or personal estate...
Page 110 - Mistake of fact is a mistake, not caused by the neglect of a legal duty on the part of the person making the mistake, and consisting in: 1.
Page 112 - An attorney cannot, without the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of professional employment...
Page 105 - ... no officer, agent, or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting the insurance under this policy exist or be claimed by the insured unless so written or attached.
Page 30 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Page 26 - In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry must always be as to the point or question actually litigated and determined in the original action, not what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action.
Page 50 - All persons having an interest in the subject of the action and in obtaining the relief demanded...
Page 105 - And no officer, agent, or other representative of this company shall have power to waive any provision or condition of this policy, except such as by the terms of this policy may be the subject of agreement...