The Pacific Reporter, Volume 11West Publishing Company, 1886 - Law reports, digests, etc |
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affirmed alleged amendment amount answer Appeal from superior appellant attorney authority bank Blue Rapids cause of action charge Code commenced complaint concur constitution contract contributory negligence counsel county of San Court of California court of equity creditors cross-complaint Daniel Guernsey decree deed defendant defendant's demurrer district court entitled evidence execution fact fendant filed ground held injury intent interest issued judgment judgment creditors jurisdiction jury justice Kansas land legislature lien lode lots ment mortgage motion N. W. Rep negligence owner paid party payment person petition plaintiff in error pleadings possession proceedings promissory note prosecution purchase purpose question reason record refused rendered respondent rule sheriff sheriff's deed statute sufficient suit superior court Supreme Court testimony therein thereof tide lands tion trial Utah verdict Willamette Valley witness writ Wyandotte county
Popular passages
Page 522 - Where, however, the allegation of the claim or defense to which the proof is directed, is unproved, not in some particular or particulars only, but in its general scope and meaning, it is not to be deemed a case of variance, within the last two sections, but a failure of proof.
Page 524 - A mining claim located after the tenth day of May, eighteen hundred and seventy-two, whether located by one or more persons, may equal, but shall not exceed, one thousand five hundred feet in length along the vein or lode but no location of a mining claim shall be made until the discovery of the vein or lode within the limits of the claim located.
Page 9 - As men, whose intentions require no concealment, generally employ the words which most directly and aptly express the ideas they intend to convey, the enlightened patriots who framed our constitution, and the people who adopted it, must be understood to have employed words in their natural sense, and to have intended what they have said.
Page 16 - ... such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the...
Page 543 - When there are several charges against any person for the same act or transaction, or for two or more acts or transactions connected together, or for two or more acts or transactions of the same class of crimes or offences, which may be properly joined...
Page 52 - ... the plaintiff himself so far contributed to the misfortune, by his own negligence or want of ordinary and common care and caution, that but for such negligence or want of ordinary care and caution on his part the misfortune would not have happened.
Page 329 - Sears,4 where he says that where one by his words or conduct wilfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief so as to alter his own previous position, the former is precluded from averring against the latter a different state of things as existing at the same time.
Page 214 - State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under any State, on the ground of their being repugnant to the constitution, treaties or laws of the United States, and the decision is in favor of such their validity...
Page 16 - Any amendment or amendments to this constitution may be proposed in the senate and assembly ; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals...
Page 392 - Where the will has been lost, concealed. or destroyed, the cause of action is not deemed to have accrued until the discovery, by the plaintiff, or the person under whom he claims, of the facts upon which its validity depends.