The Pacific Reporter, Volume 89West Publishing Company, 1907 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 5
... reason to warrant the court in giving the custody of minor children to the parent who is guilty of violating such duty . Such duty is not , however , violated when a separation is necessary by reason of physical ailments , and when for ...
... reason to warrant the court in giving the custody of minor children to the parent who is guilty of violating such duty . Such duty is not , however , violated when a separation is necessary by reason of physical ailments , and when for ...
Page 7
... reason that the same had been mislaid or lost . Held , that a reasonable con- struction of the petition showed that the ac- count must have been presented for allowance in accordance with the statutes . 3. PLEADING - PETITION ...
... reason that the same had been mislaid or lost . Held , that a reasonable con- struction of the petition showed that the ac- count must have been presented for allowance in accordance with the statutes . 3. PLEADING - PETITION ...
Page 8
... reason that the same has been mislaid or lost . That the claim has not been paid , and that the amount thereof , together with interest thereon from February 8 , 1905 , is due from defendant to the plain- tiff . " There is a second ...
... reason that the same has been mislaid or lost . That the claim has not been paid , and that the amount thereof , together with interest thereon from February 8 , 1905 , is due from defendant to the plain- tiff . " There is a second ...
Page 21
... reason the verdict was properly given for defendants . There is some language in the amended pe- tition which furnishes a reason for the con- tention that Hardy was no more than an agent for the company . However , when all the ...
... reason the verdict was properly given for defendants . There is some language in the amended pe- tition which furnishes a reason for the con- tention that Hardy was no more than an agent for the company . However , when all the ...
Page 37
... reason that such defense is affirmative in its character . The third defense alleged that Blake was a principal and ... reason . If , however , it appears that a wrong reason adopted by the trial court prevented the defeated party from ...
... reason that such defense is affirmative in its character . The third defense alleged that Blake was a principal and ... reason . If , however , it appears that a wrong reason adopted by the trial court prevented the defeated party from ...
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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...