The Pacific Reporter, Volume 159West Publishing Company, 1916 - Law reports, digests, etc |
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Common terms and phrases
92 Wash affirmed agreement alleged amended amici curiæ amount Appeal and Error attorney Bank bond cause of action Cent charge claim Code complaint Constitution contract contributory negligence corporation counsel Custer county damages deceased deed defendant's demurrer denied Digests and Indexes District Court election entitled evidence executed fact fendant filed finding fraud held husband injury instructions issue Judge judgment jurisdiction jury justice Key-Numbered Digests King County land Legislature liability lien mechanic's lien ment mortgage negligence Note.-For Oklahoma owner paid party payment person petition plaintiff in error pleaded primary election proceedings purchase question quiet title railroad reason respondent rule statute Superior Court supra Supreme Court surety sustained testified testimony thereof tiff tion topic and KEY-NUMBER trial court Tule river verdict wife witness
Popular passages
Page 322 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2.
Page 344 - That any common carrier, railroad, or transportation company receiving property for transportation from a point in one State to a point in another State shall issue a receipt or bill of lading therefor and shall be liable to the lawful holder thereof for any loss, damage, or injury to such property caused by it...
Page 118 - But it is generally held that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Page 231 - No act committed by a person while in a state of voluntary intoxication is less criminal by reason of his having been in such condition. But whenever the actual existence of any particular purpose, motive, or intent is a necessary element to constitute any particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time, in determining the purpose, motive, or intent with which he committed the act.
Page 80 - The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens.
Page 344 - That the common carrier, railroad, or transportation company issuing such receipt or bill of lading shall be entitled to recover from the common carrier, railroad, or transportation company on whose line the loss, damage, or injury shall have been sustained the amount of such loss, damage, or injury as it may be required to pay to the owners of such property, as may be evidenced by any receipt, judgment, or transcript thereof.
Page 51 - Every original contractor, with•in sixty days after the completion of his contract, and every person, save the original contractor, claiming the benefit of this chapter...
Page 296 - Nothing can be clearer, both upon principle and authority, than the doctrine that the liability of a surety is not to be extended, by implication, beyond the terms of his contract.
Page 51 - ... a claim containing a statement of his demand, after deducting all just credits and offsets, with the name of the owner or reputed owner, if known, and also the name of the person by whom he was employed, or to whom he furnished the materials, with a statement of the terms, time given, and conditions of his contract...
Page 136 - To subordinate the exercise of the Federal authority to the continuing operation of previous contracts would be to place, to this extent, the regulation of interstate commerce in the hands of private individuals, and to withdraw from the control of Congress so much of the field as they might choose, by prophetic discernment, to bring within the range of their agreements.