The Pacific Reporter, Volume 44West Publishing Company, 1896 - Law reports, digests, etc |
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Page 41
... action cannot be first made on the trial . 2. The indebitatus common count may be de- clared on , and a recovery thereunder had , in an action brought to recover money due the plain- tiff for personal services rendered under a con ...
... action cannot be first made on the trial . 2. The indebitatus common count may be de- clared on , and a recovery thereunder had , in an action brought to recover money due the plain- tiff for personal services rendered under a con ...
Page 45
... action against either of them . Even conceding that Glynn was acting as agent for the Trustees ' Company in the purchase of the lots , we think the same legal conclusion must be made . The plaintiff had actual knowledge of the facts ...
... action against either of them . Even conceding that Glynn was acting as agent for the Trustees ' Company in the purchase of the lots , we think the same legal conclusion must be made . The plaintiff had actual knowledge of the facts ...
Page 46
the action . In the absence of a special con- tract in writing , a vendor's lien for unpaid purchase money is not recognized in this state . Simpson v . Mundee , 3 Kan . 172 ; Greeno v . Barnard , 18 Kan . 518. We see no reason why an ...
the action . In the absence of a special con- tract in writing , a vendor's lien for unpaid purchase money is not recognized in this state . Simpson v . Mundee , 3 Kan . 172 ; Greeno v . Barnard , 18 Kan . 518. We see no reason why an ...
Page 47
... action of this nature , but that , before such damages are recoverable , it must be shown that the negligence was wanton , willful or malicious . Railroad Co. v Rice , 10 Kan . 426 ; Railway Co. v . Kessler , 18 Kan . 523 ; Railroad Co ...
... action of this nature , but that , before such damages are recoverable , it must be shown that the negligence was wanton , willful or malicious . Railroad Co. v Rice , 10 Kan . 426 ; Railway Co. v . Kessler , 18 Kan . 523 ; Railroad Co ...
Page 48
... Action by Sarah M. Rodgers against Charles Kennedy . From a judgment for plaintiff , de- fendant brings error . Affirmed . Marshall Gephart and Curtis & Safford , for plaintiff in error . Hazen & Izenhart , for de- fendant in error ...
... Action by Sarah M. Rodgers against Charles Kennedy . From a judgment for plaintiff , de- fendant brings error . Affirmed . Marshall Gephart and Curtis & Safford , for plaintiff in error . Hazen & Izenhart , for de- fendant in error ...
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Common terms and phrases
action affirmed alleged amount answer Appeal from superior appellant application assignment authority bank bond Canadian county Carbon county cause claim Code Colo complaint concur contended contract corporation coun counsel court of equity Cowlitz county creditors damages debt debtor deed defendant in error demurrer denied district court duty entitled evidence execution facts favor fendant filed Frank Dale fraud held interest issued judg judgment jurisdiction jury land liability lien Logan county Lumber ment mortgage motion notice owner paid parties payment person petition Pierce county plaintiff in error pleadings possession proceedings purchase question quo warranto Railroad reason record recover register of deeds rendered respondent reversed rule sheriff statute sufficient superior court Supreme Court sureties Sweetwater county taxes testimony thereof tiff tion trial court trust verdict Wash witness writ
Popular passages
Page 300 - The General Assembly shall not pass local or special laws in any of the following enumerated cases...
Page 356 - A contract in writing may be altered by a contract in writing, or by an executed oral agreement, and not otherwise.
Page 423 - Express malice is that deliberate intention unlawfully to take away the life of a fellow creature, which is manifested by external circumstances, capable of proof. Malice is implied, when no considerable provocation appears, or when all the circumstances of the killing show an abandoned and malignant heart.
Page 261 - Appeal from order sustaining a demurrer to the complaint on the ground that it failed to state a cause of action.
Page 189 - In consideration of the stipulations herein named and of dollars premium does insure for the term of from the day of 19 , at noon, to the day of *..... 19. . . ., at noon, against all direct loss or damage by fire, except as hereinafter provided...
Page 227 - Except as hereinafter otherwise provided, every express trust in real property, valid as such in its creation, vests the whole estate in the trustees, subject only to the execution of the trust. The beneficiaries take no estate or interest in the property, but may enforce the performance of the trust.
Page 95 - ... 1. For a public offense committed or attempted in his presence; 2. When a person arrested has committed a felony, although not in his presence ; 3. When a felony has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it; 4.
Page 165 - Parties to a question in difference, which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any court which would have jurisdiction if an action had been brought; but it must appear, by affidavit, that the controversy is real and the proceedings in good faith, to determine the rights of the parties.
Page vii - Two hours on each side will be allowed for the argument, and no more, without special leave of the court, granted before the argument begins. The time thus allowed may be apportioned between the counsel on the same side, at their discretion...
Page 420 - When a sheriff or other public officer authorized to execute process finds, or has reason to apprehend that resistance will be made to the execution of the process, he may command as many male inhabitants of his county as he may think proper to assist him in overcoming the resistance, and, if necessary, in seizing, arresting, and confining the persons resisting, their aiders and abettors.