The Pacific Reporter, Volume 31West Publishing Company, 1893 - 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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affirmed agent alleged amended amount Appeal from superior appellant Arapahoe county assessment assignment authority cause of action church claim Code Code Civil Colo complaint concur conference constitution construction contract corporation Corvallis coun counsel court of equity creditors damages deed defendant defendant's demurrer district court ditch election entitled evidence execution facts fendant filed held issued Johnson county Judge judgment jurisdiction jury Kleinschmidt land Latcham legislature liable lien lumber mechanic's lien ment mortgage motion Multnomah county nonsuit notice offer of judgment Otero county owner paid parties payment person plain plaintiff in error pleadings possession premises proceedings purchase question railroad reason record recover respondent rule sold statute street sufficient suit superior court Supreme Court testimony thereof tiff tion trial trustees void Wash witness writ
Popular passages
Page 93 - 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 to do so shall be a waiver of his adverse claim.
Page 394 - Now if the special circumstances under which the contract was actually made were communicated by the plaintiffs to the defendants, and thus known to both parties, the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
Page 253 - If a person entitled to bring an action, die before the expiration of the time limited for the commencement thereof, and the cause of action...
Page 14 - This opinion does not deprive the States of any resources which they originally possessed. It does not extend to a tax paid by the real property of the bank, in common with the other real property within the State, nor to a tax imposed on the interest which the citizens of Maryland may hold in this institution, in common with other property of the same description throughout the State.
Page 26 - Any city containing a population of more than three thousand five hundred inhabitants may frame a charter for its own government, consistent with and subject to the Constitution and laws of this State...
Page 394 - 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...
Page 197 - no indictment found and presented by a grand jury in any District or Circuit or other court of the United States shall be deemed insufficient, nor shall the trial, judgment or other proceeding thereon be affected by reason of any defect or imperfection in matter of form only, which shall not tend to the prejudice of the defendant.
Page 204 - The nature and extent of the qualifications required must depend primarily upon the judgment of the State as to their necessity. If they are appropriate to the calling or profession, and attainable by reasonable study or application, no objection to their validity can be raised because of their stringency or difficulty. It is only when they have no relation to such calling or profession, or are unattainable by such reasonable study and application, that they can operate to deprive one of his right...
Page 202 - The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens.
Page 17 - ... not to be admitted that the titles by which so much property in this country and so many rights are held, purporting to emanate from the authoritative action of the officers of the Government, and, as in this case, under the seal and signature of the President of the United States himself, shall be dependent upon the hazard of successful resistance to the whims and caprices of every person who chooses to attack them in a court of justice ; but it should be well understood that only that class...