The Pacific Reporter, Volume 40West Publishing Company, 1895 - Law reports, digests, etc |
From inside the book
Results 1-5 of 69
Page 4
... question of fact , but this may be inferred from circumstances . The plaintiff testifies that after the mortgage had been properly signed , sealed , witnessed , and ac- knowledged it was delivered to her , and that , the defendant ...
... question of fact , but this may be inferred from circumstances . The plaintiff testifies that after the mortgage had been properly signed , sealed , witnessed , and ac- knowledged it was delivered to her , and that , the defendant ...
Page 25
... question here submitted . The presumption that the court did have jurisdiction of the person of the defendant must be overcome by proof . Plaintiff's action is based upon the well - established grounds of the jurisdiction of courts of ...
... question here submitted . The presumption that the court did have jurisdiction of the person of the defendant must be overcome by proof . Plaintiff's action is based upon the well - established grounds of the jurisdiction of courts of ...
Page 28
... question , which deed was exe- cuted by both of the parties thereto , and con- tained the following clause : " Subject , never- theless , to a certain mortgage or deed of trust on said premises , bearing date May 14 , 1881 , made by the ...
... question , which deed was exe- cuted by both of the parties thereto , and con- tained the following clause : " Subject , never- theless , to a certain mortgage or deed of trust on said premises , bearing date May 14 , 1881 , made by the ...
Page 55
... question , asked the witness Arthur Green : " Question : And you told the assessor it had been sold ? " Also in sustaining plaintiff's objection to the following question , asked the witness James E. Miller : " Ques- tion , You may ...
... question , asked the witness Arthur Green : " Question : And you told the assessor it had been sold ? " Also in sustaining plaintiff's objection to the following question , asked the witness James E. Miller : " Ques- tion , You may ...
Page 56
... question was passed upon in the former opinion of this court ( 35 Pac . 39 ) , and the court there held that the complaint stated a cause of action . It would seem to us that that decision settled the question , so far as that complaint ...
... question was passed upon in the former opinion of this court ( 35 Pac . 39 ) , and the court there held that the complaint stated a cause of action . It would seem to us that that decision settled the question , so far as that complaint ...
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Common terms and phrases
adverse possession affirmed alleged amount answer Appeal from superior appellant Arapahoe county attorney authority bank bill bond cause of action certificate certiorari charge claim clerk Code Colo complaint concur contract corporation coun counsel county clerk court of equity damages decree deed Deer Lodge county defendant defendant's demurrer denied district court ditch entitled evidence executed fact fees fendant filed findings foreclosure held interest issue Judge jurisdiction jury justice land legislature lien mechanic's lien ment Mont mortgage motion notice owner paid party payment person plaintiff in error pleadings possession premises proceedings purchase question railroad reason record recover rendered respondent reversed rule sheriff statute suit superior court Supreme Court sustained testimony thereof tide lands tiff tion trial trust verdict Wash writ
Popular passages
Page 192 - A cause of action, arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Page 205 - ... the claim or mine upon which such failure occurred shall be open to relocation in the same manner as if no location of the same had ever been made, provided that the original locators, their heirs, assigns, or legal representatives, have not resumed work upon the claim after failure and before such location.
Page 192 - The answer of the defendant must contain: " 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief. "2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition.
Page 311 - Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial; 5.
Page 209 - ... and each of the said district courts shall have and exercise the same jurisdiction, in all cases arising under the constitution and laws of the United States...
Page 208 - ... not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purpose.
Page 17 - That every Will made by a Man or Woman shall be revoked by his or her Marriage (except a Will made in exercise of a Power of Appointment, when the Real or Personal Estate thereby appointed would not in default of such Appointment pass to his or her Heir, Customary Heir, Executor, or Administrator, or the Person entitled as his or her next of Kin, under the Statute of Distributions...
Page 42 - ... accompanied by an immediate delivery, and followed by an actual and continued change of possession...
Page 192 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.
Page 281 - ... the party of the first part to the party of the second part...