The Pacific Reporter, Volume 70West Publishing Company, 1903 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 18
... publish the retraction , if plaintiff would 1. See Libel and Slander , vol . 32 , Cent . Dig . 351 . dismiss his suit . Under this state of the pleadings 18 ( Cal . 70 PACIFIC REPORTER . city and county of San Francisco by adding ...
... publish the retraction , if plaintiff would 1. See Libel and Slander , vol . 32 , Cent . Dig . 351 . dismiss his suit . Under this state of the pleadings 18 ( Cal . 70 PACIFIC REPORTER . city and county of San Francisco by adding ...
Page 19
dismiss his suit . Under this state of the pleadings , the only question for the jury to determine was as to the amount of damages to be assessed . On this question the court , at the instance of the defendant , instructed the jury that ...
dismiss his suit . Under this state of the pleadings , the only question for the jury to determine was as to the amount of damages to be assessed . On this question the court , at the instance of the defendant , instructed the jury that ...
Page 67
... dismiss the action and the motion for judgment against the defendant Hensley on the plead- ings , and overruled both motions on the 28th of February , 1900. There is a stipulation in the cause , signed by the attorneys for the re ...
... dismiss the action and the motion for judgment against the defendant Hensley on the plead- ings , and overruled both motions on the 28th of February , 1900. There is a stipulation in the cause , signed by the attorneys for the re ...
Page 68
motion to dismiss the case . ( 2 ) The court erred in granting a default against the de- fendant while the answer to ... dismissing the action on his an- swer attacking the jurisdiction of the court . The respondent contends that after ...
motion to dismiss the case . ( 2 ) The court erred in granting a default against the de- fendant while the answer to ... dismissing the action on his an- swer attacking the jurisdiction of the court . The respondent contends that after ...
Page 76
... dismissed the petition . The statute pro- vides at section 6201 , 2 Ballinger's Ann . Codes & St .: " Every executor ... dismiss the petition when the answer was filed . The second rule was followed , and we think this rule must prevail ...
... dismissed the petition . The statute pro- vides at section 6201 , 2 Ballinger's Ann . Codes & St .: " Every executor ... dismiss the petition when the answer was filed . The second rule was followed , and we think this rule must prevail ...
Other editions - View all
Common terms and phrases
affidavit affirmed alleged amount Appeal from superior appellant appellant's assessment assignment attorney averment Ballinger's Ann Bank cause of action charge claim Code Civ Codes & St Colo complaint concur constitution contract corporation coun counsel creditors damages deceased deed defendant defendant's demurrer dence denied dismiss district court ditch duty election entry evidence execution fendant filed Greer county held homestead injury instruction interest issued Judge judgment jurisdiction jurors jury King county Klickitat river land liable Lyon county ment mortgage motion negligence owner party payment peremptory challenge person petition pit boss plain plaintiff in error pleadings possession probate court proceedings question quiet title reason record recover refused replevin respondent rule statute sufficient superior court Supreme Court sustained taxes testified testimony therein thereof tiff tion trial verdict Wash witness Wyandotte county
Popular passages
Page 50 - An act concerning aliens," is contrary to the Constitution, one amendment to which has provided that "no person shall be deprived of liberty without due process of law...
Page 246 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished; and there shall be in this state, hereafter, but one form of action, for the enforcement or protection of private rights and the redress of private wrongs, which shall be denominated a civil action.
Page 16 - City and town lots, naming the city or town, and the number of the lot and block according to the system of numbering in such city or town, and improvements thereon.
Page 201 - In a communication, without malice, to a person interested therein, by one who is also interested, or by one who stands in such relation to the person interested as to afford a reasonable ground for supposing the motive for the communication innocent, or who is requested by the person interested to give the information.
Page 27 - State officers are elected; and the term of office shall be twelve years, from and after the first Monday after the first day of January next succeeding their election...
Page 36 - A motion to postpone a trial on the ground of the absence of evidence can only be made upon affidavit, showing the materiality of the evidence expected to be obtained, and that due diligence has been used to procure it.
Page 74 - ... by the said party of the first part. And the said party of the second part also hereby agrees that it will provide the party of the first part...
Page 204 - In pleading a judgment, or other determination, of a court or officer of special jurisdiction, it is not necessary to state the facts conferring jurisdiction, but such judgment or determination may be stated to have been duly given or made. If such allegation be controverted, the party pleading must establish on the trial, the facts conferring jurisdiction.
Page 273 - In case of publication, where the residence of a non-resident or absent defendant is known, the Court or Judge must direct a copy of the summons and complaint to be forthwith deposited in the Post Office, directed to the person to be served, at his place of residence.
Page 134 - This company shall not be liable beyond the actual cash value of the property at the time any loss or damage occurs, and the loss or damage shall be ascertained or estimated according to such actual cash value, with proper deduction for depreciation however caused, and shall in no event exceed what it would then cost the insured to repair or replace the same with material of like kind and quality...