The Pacific Reporter, Volume 89West Publishing Company, 1907 - Law reports, digests, etc |
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Results 1-5 of 100
Page 24
... rule governing the measurement of testimony , it cannot be held that the award is unreasonable . Noftzger v . Moffett , 63 Kan . 354 , 65 Pac . 670 . The judgment of the district court will be affirmed . All the Justices concurring ...
... rule governing the measurement of testimony , it cannot be held that the award is unreasonable . Noftzger v . Moffett , 63 Kan . 354 , 65 Pac . 670 . The judgment of the district court will be affirmed . All the Justices concurring ...
Page 30
... rule ? And , unfortunately , there is a con- siderable conflict of authority on that point . " Section 428 of volume 2 , Van Feet's Former Adjudication , states that " parol evidence is not competent to show that matters outside of the ...
... rule ? And , unfortunately , there is a con- siderable conflict of authority on that point . " Section 428 of volume 2 , Van Feet's Former Adjudication , states that " parol evidence is not competent to show that matters outside of the ...
Page 31
... rule , how- ever , is restricted to facts directly in issue , and does not embrace facts which may be in controversy , but rest in evidence , and are merely collateral . A fact or matter in issue is that upon which the plaintiff ...
... rule , how- ever , is restricted to facts directly in issue , and does not embrace facts which may be in controversy , but rest in evidence , and are merely collateral . A fact or matter in issue is that upon which the plaintiff ...
Page 33
... rule would be better or more in consonance with the views of this and other tribunals . The practice act provides : " Sec . 150. The relief granted to the plain- tiff , if there be no answer , shall not exceed that which he shall have ...
... rule would be better or more in consonance with the views of this and other tribunals . The practice act provides : " Sec . 150. The relief granted to the plain- tiff , if there be no answer , shall not exceed that which he shall have ...
Page 36
... rule of law arises from the equities existing be- tween the surety and the principal debtor ; that is to say , when the creditor has the means in his hands belonging to the princi- pal which is pledged for the payment of the debt ...
... rule of law arises from the equities existing be- tween the surety and the principal debtor ; that is to say , when the creditor has the means in his hands belonging to the princi- pal which is pledged for the payment of the debt ...
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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...