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 20
... suit , except as to the ground on which the dismissal was based . [ Ed . Note . - For cases in point , see Cent . Dig . vol . 30 , Judgment , § 1165. ] 4. SAME DISMISSAL FOR FAILURE TO STATE CAUSE OF ACTION . A judgment of dismissal ...
... suit , except as to the ground on which the dismissal was based . [ Ed . Note . - For cases in point , see Cent . Dig . vol . 30 , Judgment , § 1165. ] 4. SAME DISMISSAL FOR FAILURE TO STATE CAUSE OF ACTION . A judgment of dismissal ...
Page 22
... suit in equity , except as to matters , if any , within the exclusive jurisdiction of equity , and hence not cognizable at law . The converse of this is likewise true : That such determination in a court of equity is conclusive upon the ...
... suit in equity , except as to matters , if any , within the exclusive jurisdiction of equity , and hence not cognizable at law . The converse of this is likewise true : That such determination in a court of equity is conclusive upon the ...
Page 23
... suit in equity . Counsel for plaintiffs apparently perceive that , had the present suit been brought in the federal court in the first instance , or re- moved there , the former decree could be successfully pleaded in bar ; but ...
... suit in equity . Counsel for plaintiffs apparently perceive that , had the present suit been brought in the federal court in the first instance , or re- moved there , the former decree could be successfully pleaded in bar ; but ...
Page 24
... suit in equity was plaintiffs ' appropriate remedy , and , having obtained a favorable decision from the trial court upon the point , they should not be allowed upon this review to take an inconsistent position and say that their remedy ...
... suit in equity was plaintiffs ' appropriate remedy , and , having obtained a favorable decision from the trial court upon the point , they should not be allowed upon this review to take an inconsistent position and say that their remedy ...
Page 36
... SUITS IN EQUITY - CON- SIDERATION OF EVIDENCE . as in a suit at law , to have any inference drawn from the evidence which may reasonably be drawn there from in his favor , but the whole evidence is submitted to the court for final judg ...
... SUITS IN EQUITY - CON- SIDERATION OF EVIDENCE . as in a suit at law , to have any inference drawn from the evidence which may reasonably be drawn there from in his favor , but the whole evidence is submitted to the court for final judg ...
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.