The Pacific Reporter, Volume 2West Publishing Company, 1884 - Law reports, digests, etc |
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Page 28
... payment of a promissory note , which agreement does not vary in any manner the terms of the contract as embodied by the note , is admissible under the defense of payment ; and , when offered in con- nection with the testimony tending to ...
... payment of a promissory note , which agreement does not vary in any manner the terms of the contract as embodied by the note , is admissible under the defense of payment ; and , when offered in con- nection with the testimony tending to ...
Page 29
... payment of $ 522.47 . The agreement was made with Jones , the payee , and was substantially this : That payments ... payment , and ruling them out was error . But it is urged that , as there was no proof that they were made before ...
... payment of $ 522.47 . The agreement was made with Jones , the payee , and was substantially this : That payments ... payment , and ruling them out was error . But it is urged that , as there was no proof that they were made before ...
Page 40
... payment of the sum assessed , with the actual taking or appropriation . Upon assessment being made according to law , the right to take may be exercised . Then the obligation to pay arises , and must be performed within 30 days after ...
... payment of the sum assessed , with the actual taking or appropriation . Upon assessment being made according to law , the right to take may be exercised . Then the obligation to pay arises , and must be performed within 30 days after ...
Page 43
... payment of the said note , which was re- fused . " But on his examination as a witness he testified that the note had not been presented at maturity to the maker for payment , nor had payment thereof been demanded . What he had done was ...
... payment of the said note , which was re- fused . " But on his examination as a witness he testified that the note had not been presented at maturity to the maker for payment , nor had payment thereof been demanded . What he had done was ...
Page 44
collection that he would not be able to pay it at maturity did not ex- cuse the holder from presenting it for payment in order to charge the indorsers . Non - presentation , under the circumstances , was excused as to the maker himself ...
collection that he would not be able to pay it at maturity did not ex- cuse the holder from presenting it for payment in order to charge the indorsers . Non - presentation , under the circumstances , was excused as to the maker himself ...
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action adverse possession affidavit affirmed agreement alleged answer appeal assessment attorney authority Castro cause charge clerk commenced commissioners complaint constitution Contra Costa county contract corporation counsel county seat court of equity creditors decree deed defendant in error defendant's demurrer district court entitled evidence execution fact fendant Filed February findings grant Greenwood county ground held interest issued judge judgment jurisdiction juror jury justices concurring Kansas land legislature liable liquors ment mining claim mortgage motion Nemaha county notice owner paid parties payment person petition plaintiff in error possession premises probate court proceedings prosecution purchase purpose question quo warranto railroad rancho San Pablo reason record recover rendered respondent road rule Shawnee county sheriff's deed statute statute of limitations sufficient supreme court sustained territory testimony thereof tion tract trial verdict witness
Popular passages
Page 17 - States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and of all veins, lodes and ledges throughout their entire depth, the top or apex of which lies inside of such surface lines extended downward vertically, although such veins, lodes, or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of such surface locations.
Page 392 - Lee a deed, a copy of which is hereto attached marked 'Exhibit A...
Page 729 - Any county, city, town, or township may make and enforce within its limits all such local, police, sanitary, and other regulations as are not in conflict with general laws.
Page 173 - All laws should receive a sensible construction. General terms should be so limited in their application as not to lead to injustice, oppression, or an absurd consequence. It will always, therefore, be presumed that the legislature intended exceptions to its language, which would avoid results of this character. The reason of the law in such cases should prevail over its letter.
Page 9 - No private property shall be taken or damaged for public or private use without just compensation...
Page 852 - BY the 4th section of the statute of frauds," it is enacted that " no action shall be brought whereby to charge any person upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, unless the agreement upon which such action shall be brought, or some memorandum or 'note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 392 - The writ shall be directed to the sheriff of any county in which property of such defendant may be, and require him to attach and safely keep all the property of such defendant within his county, not exempt from execution, or so much thereof as may be sufficient to satisfy the plaintiff's demand...
Page 411 - Lands belonging to this State, which are suitable for cultivation, shall be granted only to actual settlers, and in quantities not exceeding three hundred and twenty acres to each settler, under such conditions as shall be prescribed by law.
Page 174 - II, which enacts that a prisoner who breaks prison shall be guilty of felony, does not extend to a prisoner who breaks out when the prison is on fire — " for he is not to be hanged because he would not stay to be burnt.
Page 658 - December, 1881, before a jury, and resulted in a verdict and judgment for plaintiff in the sum of $4,250.