The Pacific Reporter, Volume 130West Publishing Company, 1913 - Law reports, digests, etc |
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Page 13
... ment for plaintiff , and defendant appeals . Judgment modified and affirmed . The present action was commenced in May , 1902. It appears from the bill of exceptions that in July , 1898 , the plaintiff Nathan had commenced a former ...
... ment for plaintiff , and defendant appeals . Judgment modified and affirmed . The present action was commenced in May , 1902. It appears from the bill of exceptions that in July , 1898 , the plaintiff Nathan had commenced a former ...
Page 14
... ment , in view of the fact that , during the sions of our Codes , and that in this state the pendency of the action , possession had been action may be maintained by any one who restored to the plaintiff . For the same rea- has ...
... ment , in view of the fact that , during the sions of our Codes , and that in this state the pendency of the action , possession had been action may be maintained by any one who restored to the plaintiff . For the same rea- has ...
Page 15
... ment in order to charge him , but that if the instrument is by its terms payable at a speci- fied place , and he is able and willing to pay it there at maturity , such ability and willing- ness are equivalent to the offer of payment ...
... ment in order to charge him , but that if the instrument is by its terms payable at a speci- fied place , and he is able and willing to pay it there at maturity , such ability and willing- ness are equivalent to the offer of payment ...
Page 22
... ment , collection of which can be enforced by the assignee ; and , second , whether the fact that the complaint failed to state a cause of action was , under the circumstances pre- sented , a ground for granting the motion for a nonsuit ...
... ment , collection of which can be enforced by the assignee ; and , second , whether the fact that the complaint failed to state a cause of action was , under the circumstances pre- sented , a ground for granting the motion for a nonsuit ...
Page 26
... ment was rendered and entered , reached the partial trial according to the recognized or conclusion that it would be unjust to compel prescribed forms by which only issues of fact the defendant to be bound by its terms , and are ...
... ment was rendered and entered , reached the partial trial according to the recognized or conclusion that it would be unjust to compel prescribed forms by which only issues of fact the defendant to be bound by its terms , and are ...
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Common terms and phrases
affirmed agreement Alex Murray alleged amount APPEAL AND ERROR attorney Bank cause of action Cent champerty charge claim Code Colo commissioners complaint contract corporation counsel damages deceased decree deed demurrer denied district court Douglas county Evans & Rogers evidence executed executor fact fendant filed Garvin county German American grant Grant county held Idaho injury issue Judge judgment jurisdiction jury Key-No King County land lease lien ment mortgage motion Nelson Note Note.-For notice NUMBER in Dec Oklahoma Oregon Trust paid parties payment person petition petitioner plaintiff in error pleadings Pocatello possession proceedings prosecution purchase question reason record recover Rep'r Indexes respondent rule section NUMBER Series & Rep'r statute Supreme Court testified testimony thereof tiff tion topic and section trial court verdict void warranty deed Wash witnesses
Popular passages
Page 19 - ... unto the said party of the second part, and to his heirs and assigns forever, all that, etc.
Page 289 - But a mere intruder cannot enter on a person actually seized and eject him, and then question his title or set up an outstanding title in another. The maxim that the plaintiff must recover on the strength of his own title, and not on the weakness of the defendant's, is applicable to all actions for the recovery of property. But if the plaintiff had actual prior possession of the land, this is strong enough to enable him to recover it from a mere trespasser who entered without any title.
Page 241 - A lawyer should not in any way communicate upon the subject of controversy with a party represented by counsel ; much less should he undertake to negotiate or compromise the matter with him, but should deal only with his counsel.
Page 438 - Claims arising out of the same transaction, or transactions connected with the same subject of action, and not included within one of the foregoing subdivisions of this section.
Page 126 - And it came to pass, when he was come near to enter into Egypt, that he said unto Sarai his wife, Behold now, I know that thou art a fair woman to look upon...
Page 244 - An appeal is taken by filing with the clerk of the court in which the judgment or order appealed from is entered, a notice stating the appeal from the same, or some specific part thereof, and serving a similar notice on the adverse party, or his attorney.
Page 179 - 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 320 - An agreement or combination by two or more persons to do or procure to be done any act in contemplation or furtherance of a trade dispute between employers and workmen shall not be indictable as a conspiracy if such act committed by one person would not be punishable as a crime.
Page 126 - And it came to pass, that, when Abram was come into Egypt, the Egyptians beheld the woman that she was very fair. 15 The princes also of Pharaoh saw her, and commended her before Pharaoh : and the woman was taken into Pharaoh's house.
Page 17 - An obligation for the payment of money is extinguished by a due offer of payment, if the amount is immediately deposited in the name of the creditor, with some bank of deposit within this state, of good repute, and notice thereof is given to the creditor.