The Pacific Reporter, Volume 128

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West Publishing Company, 1913 - Law reports, digests, etc

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Page 9 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Page 425 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 154 - But Peter said, Ananias, why hath Satan filled thine heart to lie to the Holy Ghost, and to keep back part of the price of the land?
Page 154 - Peter said unto her, How is it that ye have agreed together to tempt the Spirit of the Lord ? Behold the feet of them which have buried thy husband are at the door, and shall carry thee out.
Page 106 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Page 296 - That no certificate shall be given or patent issued therefor until the expiration of five years from the date of such entry : and if, at the expiration of such time, or at any time within two years thereafter, the person making such entry — or if he be dead, his widow : or in case of her death, his heirs or devisee...
Page 149 - So that not only this our craft is in danger to be set at nought; but also that the temple of the great goddess Diana should be despised, and her magnificence should be destroyed, whom all Asia and the world worshippeth.
Page 456 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 149 - Whom he called together with the workmen of like occupation, and said, Sirs, ye know that by this craft we have our wealth...
Page 27 - The use of all water now appropriated, or that may hereafter be appropriated, for sale, rental, or distribution, is hereby declared to be a public use, and subject to the regulation and control of the State, in the manner to be prescribed by law...

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