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action alleged allowed amount answer appeal applied attachment authority bank cause charged Cimarron Civil claim Code complaint concur considered constitution contract counsel court decision deed defendant denied determine direct duty effect election entitled error evidence executed fact filed findings follows further give given granted ground held Ingalls instruction intent interest issue Judge judgment jury killing land legislature matter means ment mortgage motion necessary notice objection opinion owner paid parties passed payment person plaintiff possession present proceedings prove provides purchase question railroad reason received record referred refused relation respondent road rule statement statute sufficient superior Supreme Court taken territory testimony thereof tion township trial United votes wife witness
Page 247 - ... to establish a defence on the ground of insanity, it must be clearly proved that at the time of the committing of the act the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Page 159 - 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; nor shall the lands or other property of non-residents be taxed higher than the lands or other property of residents. All the laws passed by the legislative assembly and governor...
Page 105 - It is but a decent respect due to the wisdom, the integrity, and the patriotism of the legislative body, by which any law is passed, to presume in favor of its validity, until its violation of the constitution is proved beyond all reasonable doubt.
Page 173 - The powers of the government of the state of California shall be divided into three separate departments: the legislative, the executive, and judicial; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any functions appertaining to either of the others, except in the cases hereinafter expressly directed or permitted.
Page 208 - 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 268 - The law does not require demonstration; that is, such a degree of proof as, excluding possibility of error, produces absolute certainty because such proof is rarely possible. Moral certainty only is required, or that degree of proof which produces conviction in an unprejudiced mind.
Page 207 - That the offense was committed at some time prior to the time of finding the indictment; 6. That the act or omission charged as the offense is clearly and distinctly set forth in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended; 7.
Page 13 - Snyder, of the second part, witnesseth, that the said party of the first part, for and in consideration of the sum of one dollar to them in hand paid by the said party of the second part...
Page 135 - And if any State deems the retail and internal traffic in ardent spirits injurious to its citizens, and calculated to produce idleness, vice, or debauchery, I see nothing in the constitution of the United States to prevent it from regulating and restraining the traffic, or from prohibiting it altogether, if it thinks proper.