The Pacific Reporter, Volume 153West Publishing Company, 1916 - Law reports, digests, etc "Comprising all the decisions of the Supreme Courts of California, Kansas, Oregon, Washington, Colorado, Montana, Arizona, Nevada, Idaho, Wyoming, Utah, New Mexico, Oklahoma, District Courts of Appeal and Appellate Department of the Superior Court of California and Criminal Court of Appeals of Oklahoma." (varies) |
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Page 13
... jury upon proper instruc- tions . As said again by Justice Christiancy upon the almost infinite variety of facts pre ... jury , is one of law for the court ; but in all oth- er cases it is a question of fact for the jury , and the court ...
... jury upon proper instruc- tions . As said again by Justice Christiancy upon the almost infinite variety of facts pre ... jury , is one of law for the court ; but in all oth- er cases it is a question of fact for the jury , and the court ...
Page 14
... jury , had killed him , evidence of the whole transaction should have been submitted to the jury to determine the adequacy of the provocation . We have , however , been cited to no case , independent of a governing stat- ute , in which ...
... jury , had killed him , evidence of the whole transaction should have been submitted to the jury to determine the adequacy of the provocation . We have , however , been cited to no case , independent of a governing stat- ute , in which ...
Page 33
... jury to pass on , and we are concluded by their finding . The evidence being sufficient to take the case to the jury , the motion to direct a verdict upon the two first grounds was properly de- nied . We shall hereafter refer to some ...
... jury to pass on , and we are concluded by their finding . The evidence being sufficient to take the case to the jury , the motion to direct a verdict upon the two first grounds was properly de- nied . We shall hereafter refer to some ...
Page 36
... jury found it authorities are not in harmony with regard was , in attaching an engine that would cast to the right of a court to take the case from out large quantities of cinders . In other the jury under such circumstances . In this ...
... jury found it authorities are not in harmony with regard was , in attaching an engine that would cast to the right of a court to take the case from out large quantities of cinders . In other the jury under such circumstances . In this ...
Page 58
... jury to determine in their quest for the truth . There is nothing in the plead- ings preventing the plaintiff from proving the actual truth , notwithstanding the apparent inconsistencies of conduct or statement on the part of its ...
... jury to determine in their quest for the truth . There is nothing in the plead- ings preventing the plaintiff from proving the actual truth , notwithstanding the apparent inconsistencies of conduct or statement on the part of its ...
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Common terms and phrases
accord and satisfaction action affirmed alleged amount APPEAL AND ERROR appellant Atoka county attorney bank bonds broom corn case-made cause cause of action Cent claim Code complaint Constitution contract corporation counsel Criminal CRIMINAL LAW damages decree deed defendant in error defendant's demurrer dence Digests and Indexes dismissed District Court entitled evidence executed fact fendant filed held instruction interest issue Judge judgment jurisdiction jury Key-Numbered Digests King County land lease lien lumber ment mortgage motion MUNICIPAL CORPORATIONS Note.-For notice Oklahoma owner Pacific County paid party payment person petition Pierce county plaintiff in error pleading premises proceedings purchase question reason record refused respondent rule Sapulpa statute street Superior Court Supreme Court testified testimony thereof tiff tion topic and KEY-NUMBER transcript trial court trust Wash witness writ
Popular passages
Page 336 - The writ of mandamus may be denominated the writ of mandate.— 1873-345. 1085. It may be issued by any court, except a justice's or police court, to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station...
Page 278 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers, and no others : first, those granted in express words ; second, those necessarily or fairly implied in, or incident to, the powers expressly granted: third, those essential to the accomplishment of the declared objects and purposes of the corporation — not simply convenient, but indispensable.
Page 285 - Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, and it appears that the buyer relies on the seller's skill or judgment (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be reasonably fit for such purpose...
Page 72 - The trustee of the estate of a bankrupt, upon his appointment and qualification, . . . shall ... be vested, by operation of law, with the title of the bankrupt, as of the date he was adjudged a bankrupt...
Page viii - ... the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or of officers generally, of the government of the United States...
Page 419 - Provided, That an article of food which does not contain any added poisonous or deleterious ingredients shall not be deemed to be adulterated or misbranded in the following cases: First.
Page 292 - Where a negotiable instrument is materially altered without the assent of all parties liable thereon, it is avoided, except as against a party who has himself made, authorized or assented to the alteration, and subsequent indorsers. But when an instrument has been materially altered and is in the hands of a holder in due course, not a party to the alteration, he may enforce payment thereof according to its original tenor.
Page 252 - It is broad enough to include every instance in which one party pays a debt for which another is primarily answerable, and which, in equity and good conscience, should have been discharged by the latter...
Page 249 - A husband and wife cannot, by any contract with each other, alter their legal relations, except as to property, and except that they may agree, in writing, to an immediate separation, and may make provision for the support of either of them and of their children during such separation.
Page 334 - To divide, withdraw, or in any manner pay to the stockholders or any of them, any part of the capital stock of the corporation; or to reduce such capital stock without the consent of the legislature; or, 3.