The Pacific Reporter, Volume 92West Publishing Company, 1908 - 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) |
From inside the book
Results 1-5 of 100
Page 23
... Code of Procedure , which says that there shall be but one form of civil action , and upon several decisions of this court and our Court of Appeals that the same court may administer both legal and equitable re- lief in the same action ...
... Code of Procedure , which says that there shall be but one form of civil action , and upon several decisions of this court and our Court of Appeals that the same court may administer both legal and equitable re- lief in the same action ...
Page 43
... Code Civ . Proc . § 672 , authorizing the joinder of causes of action arising out of contracts , express or implied , plaintiff was en- titled to join in the same complaint a count on an express contract for the construction of a ...
... Code Civ . Proc . § 672 , authorizing the joinder of causes of action arising out of contracts , express or implied , plaintiff was en- titled to join in the same complaint a count on an express contract for the construction of a ...
Page 44
... Code Pleading , § 120 ; 5 Ency . Pleading & Practice , 321 , and notes . We find nothing in the Codes to pro- hibit the plaintiff , acting in good faith , from stating a single cause of action in two counts , as was done in this case ...
... Code Pleading , § 120 ; 5 Ency . Pleading & Practice , 321 , and notes . We find nothing in the Codes to pro- hibit the plaintiff , acting in good faith , from stating a single cause of action in two counts , as was done in this case ...
Page 49
... Code Civ . Proc . § 1201 , providing that , where a judgment is satisfied otherwise than upon an execution , the court may compel an acknowledg- ment of satisfaction by the creditor , or may order an entry of satisfaction without it ...
... Code Civ . Proc . § 1201 , providing that , where a judgment is satisfied otherwise than upon an execution , the court may compel an acknowledg- ment of satisfaction by the creditor , or may order an entry of satisfaction without it ...
Page 50
... Code procedure generally , the func- tion of a demurrer in respect to pleadings is to determine the sufficiency of the facts al- leged therein to constitute a cause of action or a defense , and not to determine whether or not facts are ...
... Code procedure generally , the func- tion of a demurrer in respect to pleadings is to determine the sufficiency of the facts al- leged therein to constitute a cause of action or a defense , and not to determine whether or not facts are ...
Other editions - View all
Common terms and phrases
affirmed agent alleged amount Appeal from Superior appellant assignment authority Bank cause of action Cent claim Code Colo complaint concur contract contributory negligence convey Coun court of equity damages decree deed demurrer dismiss district court ditch entitled equity evidence execution executor facts favor fendant filed fraud held injury instructions issue Judge judgment jurisdiction jury King County Klipfel land liability lien marriage ment mortgage motion negligence Note.-For notice owner paid party payment person plaintiff in error pleadings possession premises proceedings purchase question quiet title reason record respondent rule S. R. Wagg Silver Bow county statute statute of limitations street sufficient Superior Court Supreme Court sustained testimony thereof tiff tion tract trial court trust verdict void Wash witness
Popular passages
Page 5 - States, both surveyed and unsurveyed, are hereby declared to be free and open to exploration and purchase, and the lands in which they are found to occupation and purchase, by citizens of the United States...
Page 67 - No county, city, town, township, board of education or school district, shall incur any indebtedness or liability in any manner or for any purpose exceeding in any year the income and revenue provided for such year, without the assent of two-thirds of the qualified electors thereof, voting at an election to be held for that purpose...
Page 212 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Page 212 - ... death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.
Page 177 - No particular form of exception is required, but when the exception is to the verdict or decision, upon the ground of the insufficiency of the evidence to justify it, the objection must specify the particulars in which such evidence is alleged to be insufficient.
Page 208 - The location must be distinctly marked on the ground so that its boundaries can be readily traced. All records of mining claims hereafter made shall contain the name or names of the locators, the date of the location, and such a description of the claim or claims located by reference to some natural object or permanent monument as will identify the claim.
Page 237 - ... there shall be in this State hereafter, but one form of action, for the enforcement or protection of private rights and the redress or prevention of private wrongs, which shall be denominated a civil action.
Page 4 - Management from directly or indirectly purchasing or becoming interested in the purchase of any of the public land, and which provides that any person who violates the section shall forthwith be removed from his office.
Page 241 - In a final order affecting a substantial right, made in a special proceeding, or upon a summary application. in an action, after judgment.
Page 5 - ... the applicants, and they shall be at liberty to obtain the same at the most reasonable rates, and they shall also be at liberty to employ any United States deputy surveyor to make the survey.