The Pacific Reporter, Volume 69West Publishing Company, 1902 - Law reports, digests, etc |
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Page 71
... defendant to the effect that he had stolen it . After an exhaustive cross - examina- tion , he testified that he resided on his ranch a part of the time and part of the time in the city ; that he was a man of family . He was then asked ...
... defendant to the effect that he had stolen it . After an exhaustive cross - examina- tion , he testified that he resided on his ranch a part of the time and part of the time in the city ; that he was a man of family . He was then asked ...
Page 72
... defendant . The statements and written admissions of the defendant , tending to show guilt , were prop- erly read in evidence , after it was made to appear that they were voluntary , and were not extorted from him by inducements or ...
... defendant . The statements and written admissions of the defendant , tending to show guilt , were prop- erly read in evidence , after it was made to appear that they were voluntary , and were not extorted from him by inducements or ...
Page 87
... defendant is entitled to the possession until paid for im- provements , which is neutralized by a finding that defendant's possession is unlawful , does not authorize a judgment for defendant . 3. An executrix , having no right as such ...
... defendant is entitled to the possession until paid for im- provements , which is neutralized by a finding that defendant's possession is unlawful , does not authorize a judgment for defendant . 3. An executrix , having no right as such ...
Page 96
... defendant , on payment of the price in yearly installments . Defendant went into possession and complied with his contract until he dis- covered that the tract contained less than 24 acres , within eight months of which time he offered ...
... defendant , on payment of the price in yearly installments . Defendant went into possession and complied with his contract until he dis- covered that the tract contained less than 24 acres , within eight months of which time he offered ...
Page 97
... defendant's favor for a specific per- formance of the contract in accordance with the findings . Plaintiffs appeal from au order denying them a new trial . We 1. Appellants ' first contention is that the evidence discloses laches on the ...
... defendant's favor for a specific per- formance of the contract in accordance with the findings . Plaintiffs appeal from au order denying them a new trial . We 1. Appellants ' first contention is that the evidence discloses laches on the ...
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affirmed agreement alleged amendment amount Appeal from superior appellant application assessment attorney authority bank bond cause of action charge Cherryvale claim Colo complaint concur constitution contract corporation counsel court of equity damages decree deed defendant defendant's demurrer denied dismissed district court election entitled evidence execution fact favor fendant filed foreclosure granted held Idaho instruction interest issue Judge judgment jury land lease Lewiston liability lien ment mortgage motion Nez Perce county notice ordinance owner paid party payment person petition plain plaintiff in error pleadings probate proceedings prosecution purchase question Railroad railway reason refused respondent reversed rule statute statute of limitations STOCKSLAGER street sufficient suit superior court Supreme Court testator testified testimony thereof tiff tion tract trial court usury verdict void Wardner Wash witness
Popular passages
Page 171 - It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers.
Page 245 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril ; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 245 - ... naturally there, harmless to others so long as it is confined to his own property, but which he knows to be mischievous if it gets on his neighbour's, should be obliged to make good the damage which ensues if he does not succeed in confining it to his own property. But for his act in bringing it there no mischief could have accrued, and it seems but just that he should at his peril keep it there so that no mischief may accrue, or answer for the natural and anticipated consequences. And upon authority,...
Page 207 - An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is, in legal contemplation, as inoperative as though it had never been passed.
Page 436 - That only is deemed to have been adjudged in a former judgment which appears upon its face to have been so adjudged, or which was actually and necessarily included therein or necessary thereto.
Page 335 - A statement of the facts constituting the cause of action, in ordinary and concise language...
Page 201 - If two or more persons in any State or Territory conspire or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws...
Page 287 - The General Assembly shall have the power to alter, revoke, or annul any charter of incorporation now existing and revocable at the adoption of this Constitution, or any that may hereafter be created, whenever, in their opinion it may be injurious to the citizens of this Commonwealth, in such manner, however, that no injustice shall be done to the corporators.
Page 118 - No county, city, township, school district or other municipal corporation shall be allowed to become indebted in any manner or for any purpose to an amount, including existing indebtedness, in the aggregate exceeding five per centum on the value of the taxable property therein, to be ascertained by the last assessment for State and county taxes previous to the incurring of such indebtedness.
Page 221 - Children under ten years of age, who appear incapable of receiving just impressions of the facts respecting which they are ex-amined, or of relating them truly.