Reports of Cases Argued and Determined in the Supreme Court of the Territory of Arizona, Volume 9Bancroft-Whitney Company, 1908 - Law reports, digests, etc |
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Page 128
... REMITTITUR - REV . STATS . ARIZ . 1901 , PARS . 1389 , 1450 , 1455 , CITED SOUTHERN PACIFIC Co. v . TOMLINSON , 4 ARIZ . 126 , 33 PAC . 710 , DISTINGUISHED . - Under para- graph 1389 , supra , providing that " in all cases , both at law ...
... REMITTITUR - REV . STATS . ARIZ . 1901 , PARS . 1389 , 1450 , 1455 , CITED SOUTHERN PACIFIC Co. v . TOMLINSON , 4 ARIZ . 126 , 33 PAC . 710 , DISTINGUISHED . - Under para- graph 1389 , supra , providing that " in all cases , both at law ...
Page 129
... remittitur shall cure any error in the ver- dict or judgment by reason of such excess . An excessive verdict may be allowed to stand if the plain- tiff will enter a remittitur for the excess . And where the damages are not sustained by ...
... remittitur shall cure any error in the ver- dict or judgment by reason of such excess . An excessive verdict may be allowed to stand if the plain- tiff will enter a remittitur for the excess . And where the damages are not sustained by ...
Page 133
... remittitur of six hundred dol- lars , in accordance with the suggestion of the court , where- upon the motion for a new trial was denied . The appeal is from the order denying the motion for a new trial March , 1905. ] THE SOUTHERN ...
... remittitur of six hundred dol- lars , in accordance with the suggestion of the court , where- upon the motion for a new trial was denied . The appeal is from the order denying the motion for a new trial March , 1905. ] THE SOUTHERN ...
Page 134
... remittitur , involving , as it does , an important question of procedure , which has never been directly passed upon in this territory . It was the ex- pressed view of the trial court that the award by the jury of one thousand dollars ...
... remittitur , involving , as it does , an important question of procedure , which has never been directly passed upon in this territory . It was the ex- pressed view of the trial court that the award by the jury of one thousand dollars ...
Page 135
... if it is apparent to the trial court that the verdict was the result of passion or prejudice , a remittitur should not . be allowed , but the verdict should be set. March , 1905. ] THE SOUTHERN PACIFIC Co. v . FITCHETT . 135.
... if it is apparent to the trial court that the verdict was the result of passion or prejudice , a remittitur should not . be allowed , but the verdict should be set. March , 1905. ] THE SOUTHERN PACIFIC Co. v . FITCHETT . 135.
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Common terms and phrases
adverse affirmed agent alleged appellee ARIZ assessment assessment-roll assignment of error attorney authority Benbrook board of equalization board of supervisors challenge charge Cochise County complaint concur County Criminal DAVIS deceased Defendant and Appellant defendant's demurrer dismissed district court DOAN dollars Edward Kent evidence facts Filed March 30 Graham County grand jury grant ground hundred indictment Judge judgment Judicial District jurisdiction jurors justice KENT land legislature lien location notice ment mining claim monument motion negligence offense officers opinion paragraph party peremptory challenges person petition Pima County plaintiff in error possession prior location prosecution provides question quiet title railroad reason record remittitur Revised Statutes rule sheriff SLOAN STATS sufficient suit supra supreme court sustain taxation taxes term territory of Arizona testimony thereof tion trial court valuation verdict void witness writ Yavapai County York Foundling Hospital
Popular passages
Page 53 - Upon a trial for murder, the commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter, or that the defendant was justifiable or excusable.
Page 261 - CD, of the city aforesaid, merchant, my true and lawful attorney, for me, and in my name, and for my use to ask, demand...
Page 202 - In all other cases, the defendant may be found guilty of any offense the commission of which is necessarily included in that with which he is charged in the indictment
Page 150 - No special privileges or immunities shall ever be granted which may not be altered, revoked or repealed by the Legislature; nor shall any citizen, or class of citizens, be granted privileges or immunities which, upon the same terms, shall not be granted to all citizens.
Page 146 - That the legislative power of the Territory shall extend to all rightful subjects of legislation consistent with the constitution of the United States and the provisions of this act ; but no law shall be passed interfering with the primary disposal of the soil ; no tax shall be imposed upon the property of the United States...
Page 484 - ... 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 282 - No holder of any claim against an estate shall maintain any action thereon, unless the claim is first presented to the executor or administrator...
Page 139 - The General Assembly shall not pass local or special laws in any of the following enumerated cases...
Page 85 - The conclusion to be deduced from the authorities is, that where power is given to public officers, in the language of the act before us, or in equivalent language — whenever the public interest or individual rights call for its exercise — the language used, though permissive in form, is in fact peremptory.
Page 165 - For the existence of a state of mind on the part of the juror, in reference to the .case, or to either party, which satisfies the court, in the exercise of a sound discretion, that such juror cannot try the issue impartially and without prejudice to the substantial rights of the party challenging, and which is known in this Code as actual bias.