The Pacific Reporter, Volume 152West Publishing Company, 1916 - Law reports, digests, etc |
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Common terms and phrases
adverse possession affidavit affirmed alleged amended amount APPEAL AND ERROR attorney bank Bingham county bond brings error case-made cause of action Cent change of judge claim Code Commissioners complaint contract corporation coun counsel Court of Oklahoma damages deed defendant in error defendant's demurrer dence district court duty entitled evidence fact fendant filed held Huerfano county Idaho injury instructions issue judgment jurisdiction jury justice land liability lien Lincoln county ment Minidoka county mortgage motion Multnomah County negligence Note.-For opinion paid parties payment person petition plain plaintiff in error pleadings possession proceeding Prowers county question reason record recover respondent reversed rule statute suit supra Supreme Court surety sustained Syllabus testified testimony therein thereof tiff tion trial court usury verdict Wash writ
Popular passages
Page 189 - every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section 113." The 113th section enacted thus: " An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue without joining with him the person for whose benefit the action is prosecuted.
Page 43 - Rights of property, like all other social and conventional rights, are subject to such reasonable limitations in their enjoyment, as shall prevent them from being injurious, and to such reasonable restraints and regulations established by law, as the legislature, under the governing and controlling power vested in them by the constitution, may think necessary and expedient.
Page 186 - ... and the fact appears by affidavit, to the satisfaction of the court, or a judge thereof, and it also appears, by such affidavit, or by the verified complaint on file, that a cause of action exists against the defendant in respect to whom the service is to be made...
Page 42 - But neither the Amendment, broad and comprehensive as it is, nor any other amendment was designed to interfere with the power of the state, sometimes termed its "police power...
Page 96 - ... in case of any fraud or false swearing by the insured touching any matter relating to this insurance or the subject thereof, whether before or after a loss.
Page 285 - When a train stops or is delayed, under circumstances in which it may be overtaken by another train the flagman must go back immediately with stop signals a sufficient distance to insure full protection.
Page 406 - A valuable consideration in the sense of the law may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other.
Page 310 - In an action upon a contract, express or implied, for the direct payment of money, where the contract is made or is payable in this state, and is not secured by any mortgage or lien upon real or personal property, or any pledge of personal property...
Page 325 - No person shall operate a motor vehicle on a public highway at a rate of speed greater than is reasonable and proper, having regard to the traffic and use of the highway, or so as to endanger the life or limb of any person...
Page 267 - If the remedy at law . is sufficient, equity cannot give relief, "but it is not enough that * there is a remedy at law; it must be plain and adequate, or. in other words, as practical and efficient to the ends of justice, and its prompt administration, as the remedy in equity.