The Pacific Reporter, Volume 89West Publishing Company, 1907 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 10
... filed with the officer or officers whose duty it may be to audit the same . " It is so provided by section 1062 , Rev. St. 1899. The county commissioners were the officers au- thorized to audit and allow the claim in- volved in this ...
... filed with the officer or officers whose duty it may be to audit the same . " It is so provided by section 1062 , Rev. St. 1899. The county commissioners were the officers au- thorized to audit and allow the claim in- volved in this ...
Page 24
... filed , and must be noted in the written or the printed points of the respond- ent , and filed at least one day before the ar- gument , or they will not be regarded . " 62 Pac . viii . When a party assigns errors , it is incumbent on ...
... filed , and must be noted in the written or the printed points of the respond- ent , and filed at least one day before the ar- gument , or they will not be regarded . " 62 Pac . viii . When a party assigns errors , it is incumbent on ...
Page 27
... filed in the action a disclaimer of any further interest in the action , and prayed that its complaint be dismissed . When Gulling filed his answer to the plaintiff's complaint , he admitted all the allegations of the complaint , and ...
... filed in the action a disclaimer of any further interest in the action , and prayed that its complaint be dismissed . When Gulling filed his answer to the plaintiff's complaint , he admitted all the allegations of the complaint , and ...
Page 29
... filed his answer , and after the trustee's sale , the Washoe County Bank filed its answer against the complaint , and therein set up the trustee's sale , having demurred in the meantime . The answer of Gulling did not refer to this sale ...
... filed his answer , and after the trustee's sale , the Washoe County Bank filed its answer against the complaint , and therein set up the trustee's sale , having demurred in the meantime . The answer of Gulling did not refer to this sale ...
Page 47
... filed , showing the transaction last mentioned . No counter affidavits were filed , and the court refused to set aside the judgment . This was erroneous . When it appeared to the court by the affi- davits that no notice had been served ...
... filed , showing the transaction last mentioned . No counter affidavits were filed , and the court refused to set aside the judgment . This was erroneous . When it appeared to the court by the affi- davits that no notice had been served ...
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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...