Reports of Cases Argued and Determined in the Supreme Court of the Territory of Arizona, Volume 2Bancroft-Whitney Company {etc.}, 1904 - Law reports, digests, etc |
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Page 109
... negligent acts and omissions , by which the plaintiff lost the collection of a certain debt due him from one Zent , and for a false return . The facts , so far as necessary to look at them , are these : On the fifth day of January ...
... negligent acts and omissions , by which the plaintiff lost the collection of a certain debt due him from one Zent , and for a false return . The facts , so far as necessary to look at them , are these : On the fifth day of January ...
Page 172
... NEGLIGENCE - PLAINTIFF GUILTY OF DANGEROUS ACT - SUCH AD- MITTED FACT DOES NOT DEPRIVE HIM OF RIGHT TO HAVE CASE SUB- MITTED TO JURY - GENERAL RULE AS TO WHAT ADMITTED FACTS ARE FOR THE JUDGMENT OF COURT - WHERE ULTIMATE FACT TO BE ...
... NEGLIGENCE - PLAINTIFF GUILTY OF DANGEROUS ACT - SUCH AD- MITTED FACT DOES NOT DEPRIVE HIM OF RIGHT TO HAVE CASE SUB- MITTED TO JURY - GENERAL RULE AS TO WHAT ADMITTED FACTS ARE FOR THE JUDGMENT OF COURT - WHERE ULTIMATE FACT TO BE ...
Page 174
... NEGLIGENCE - EVIDENCE - DRUNKENNESS OF ENGINEER - HABITUAL INTOXICATION - GENERAL REPUTATION AS TO RECKLESSNESS AND ... negligently . Evidence that this engineer was reputed to be a reck- less runner , and in the habit of becoming ...
... NEGLIGENCE - EVIDENCE - DRUNKENNESS OF ENGINEER - HABITUAL INTOXICATION - GENERAL REPUTATION AS TO RECKLESSNESS AND ... negligently . Evidence that this engineer was reputed to be a reck- less runner , and in the habit of becoming ...
Page 177
... negligence as should preclude him from having a verdict as a matter of law . In Railroad Co. v . Stout , 17 Wall . 657 , the supreme court says : " It is true , in many cases , that , where the facts are undisputed , the effect of them ...
... negligence as should preclude him from having a verdict as a matter of law . In Railroad Co. v . Stout , 17 Wall . 657 , the supreme court says : " It is true , in many cases , that , where the facts are undisputed , the effect of them ...
Page 178
... negligence may be ruled as a question of law . On the other hand , if he had placed a suitable dis- tance between his coach and the precipice , but by the break- ing of a rein or axle , which could not have been anticipated , an injury ...
... negligence may be ruled as a question of law . On the other hand , if he had placed a suitable dis- tance between his coach and the precipice , but by the break- ing of a rein or axle , which could not have been anticipated , an injury ...
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Common terms and phrases
action admission affidavit affirmed alleged Appellee application assignment bank Barnes cause certificate Chap charge Charouleau cited Civil cohabitation Comp Compiled Laws complaint concur Congress contract conveyance County of Cochise County of Pima court of equity creditors CRIMINAL deed Defendant and Appellant District Court duty Edmunds Act equity error evidence facts fendant filed findings fraud fraudulent Fraudulent Conveyances husband indictment indorsement irrigation issue judge judgment Judicial District jury land LAWS ARIZ Lord & Williams marriage ment mining claims Mohave County mortgage motion negligence opinion party patent payment person Pima county plaintiff polygamy Porter possession proof question quiet title reason refused rule San Pedro river Santa Cruz river separate property statute supra supreme court taxation term territory of Arizona testimony thereof tion transcript trial United verdict warrant wife Williams Company Woffenden writ writ of assistance
Popular passages
Page 52 - State, and at the expense of the United States, be arrested and imprisoned, or bailed, as the case may be, for trial before such court of the United States...
Page 207 - That the constitution and all laws of the United States which are not locally inapplicable, shall have the s*ame force and effect within the said territory of Nebraska as elsewhere within the United States...
Page 124 - That any contract of exemption 'is to be rigidly scrutinized, and never permitted to extend, either in scope or duration, beyond what the terms of the concession clearly require.' And that such exemptions are regarded 'as in derogation of the sovereign authority and of common right, and therefore not to be extended beyond the exact and express requirement of the grants construed strictlssimi juris.
Page 49 - That all Acts and parts of Acts, so far as they conflict with the provisions of this Act, are hereby repealed...
Page 253 - The writ of mandamus may be denominated the writ of mandate.— 1873-345. 1085. It may be issued by any court, except a justice's or police court, to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station...
Page 482 - with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof.
Page 233 - This case, therefore, treats it rather as an admission of a fact than as a contract, and the case decides that the statute of limitations begins to run from the date of the last item of the account.
Page 184 - In considering the rights and obligations arising out of particular relations, it is competent for courts of justice to regard considerations of policy and general convenience, and to draw from them such rules as will, in their practical application, best promote the safety and security of all parties concerned.
Page 176 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 106 - ... accident or surprise which ordinary prudence could not have guarded against...