The Pacific Reporter, Volume 89West Publishing Company, 1907 - Law reports, digests, etc |
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Page 21
... verdict . For instance , it has been found that the defendants did not give the machine the three days ' trial ; but , as the test made appears to have developed defects , and as the expert was sent to remedy them , this de- fault is no ...
... verdict . For instance , it has been found that the defendants did not give the machine the three days ' trial ; but , as the test made appears to have developed defects , and as the expert was sent to remedy them , this de- fault is no ...
Page 22
... verdict is sustained by some com- petent evidence , and there is no clear in- fraction of a rule of law in the instructions or rulings of the court , a judgment based up- on such verdict should not be reversed , al- though the judgment ...
... verdict is sustained by some com- petent evidence , and there is no clear in- fraction of a rule of law in the instructions or rulings of the court , a judgment based up- on such verdict should not be reversed , al- though the judgment ...
Page 26
... verdict or finding , whether it was statedly and tech- nically in issue or not . Numerous cases in- cline to this view , and many attempts have been made to formulate a satisfactory state- ment of the true rule . Thus it has been said ...
... verdict or finding , whether it was statedly and tech- nically in issue or not . Numerous cases in- cline to this view , and many attempts have been made to formulate a satisfactory state- ment of the true rule . Thus it has been said ...
Page 30
... verdict of the jury . Now , is the question to be considered res judicata be- tween the parties or not ? Unfortunately the authorities are in conflict upon this subject , and the matter rests in much doubt and con- fusion . " At section ...
... verdict of the jury . Now , is the question to be considered res judicata be- tween the parties or not ? Unfortunately the authorities are in conflict upon this subject , and the matter rests in much doubt and con- fusion . " At section ...
Page 35
... verdict for plaintiff . The testimony relative to this defense was substantially as follows : The notes were executed by the Needles Reduction Company as principal , and in- dorsed by Mr. Crosby , Mr. Blake , and others who were ...
... verdict for plaintiff . The testimony relative to this defense was substantially as follows : The notes were executed by the Needles Reduction Company as principal , and in- dorsed by Mr. Crosby , Mr. Blake , and others who were ...
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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...