For the proper construction of an instrument the circumstances under which it was made, including the situation of the subject of the instrument, and of the parties to it, may also be shown, so that the judge be placed in the position of those whose language... The Pacific Reporter - Page 1751896Full view - About this book
| New York (State). - Civil procedure - 1850 - 920 pages
...the former. So a particular intent will control a general one, that is inconsistent with it. § 1693. For the proper construction of an instrument, the...position of those, whose language he is to interpret. § 1694. The terms of a writing are presumed to have been used in their primary and general acceptation,... | |
| California - Civil procedure - 1872 - 774 pages
...Cal. 294; 22 Cal. 11; 30 Cal. 325; 32 Cal. 376; 34 Cal. 331 ; 36 Cal. 75, 505 ; 38 Cal. 572. ф 1860. For the proper construction of an instrument, the...position of those whose language he is to interpret. NYCC I1, fi 1693; Or. С. Г. Г. ? 6S6. 10 Cal. !'5. .W); 11 Cal. 194; U Cal. 148; 13Cal.I16; 15 Cal.... | |
| California, Creed Haymond, John Chilton Burch, John Hill McKune - Civil procedure - 1872 - 886 pages
...construction of an instrncumstanCM tob» , ment, the circumstances under which it was made. considered. including the situation of the subject of the instrument,...position of those whose language he is to interpret. Terms to bo 1861. The terms of a writing are presumed to construed have been used in their primary... | |
| California - Civil procedure - 1872 - 698 pages
...instru- Tincir, . , euni8tniteos meut, the circumstances under which it was made, to be 7 considered. including the situation of the subject of the instrument,...parties to it, may also be shown, so that the Judge bo placed in the position of those whose language he is to interpret. NOTE. — To arrive at the intention... | |
| California, Theodore Henry Hittell - Law - 1876 - 986 pages
...a general one that is inconsistent with it. 11.860. The circumstances to be considered. SEC. 1860. For the proper construction of an instrument, the...position of those whose language he is to interpret. 11.861. Terms to be construed in their general acceptation. SEC. 1861. The terms of a writing are presumed... | |
| California - Civil procedure - 1876 - 888 pages
...Cal. 294; 22 Cal. 11; 30 Cal. 325; 82 Cal. 8T6; 34 Cal. 334; 36 Cal. 75, 595; 38 Cal. 572. $ I860. For the proper construction of an instrument, the...shown, so that the judge be placed in the position ol those whose language he is to interpret. NYCCP S 1693; Or. CCP 8 686. Tide Civil Code, :. 1647.... | |
| Montana - Session laws - 1877 - 520 pages
...the former. So a particular intent will control a general one that is inconsistent with it. SEC. 614. For the proper construction of an instrument, the...position of those whose language he is to interpret. SEC. 615. The terms of a writing are presumed to have been used in their primary and general acceptation,... | |
| Montana (Ter.) - Law - 1877 - 956 pages
...the former. So a particular intent will control a general one that is inconsistent with it. SEC. 614. For the proper construction of an instrument, the...position of those whose language he is to, interpret. LAWS OF MONTANA TERRITORY. were so used and understood in the particular instance, in which case the... | |
| California, Nathan Newmark - Civil procedure - 1880 - 786 pages
...sers. 1310, 1317-1351,1376; 36 i:»l. 75 48 Cal. 165, 568, 643; 4!) Cal. 76, 506; 50 Cal. 595. § 1860. For the proper construction of an instrument, the...situation of the subject of the instrument, and of the purties to it, may also be showu, so that the judge be placvd in the position of those whose language... | |
| California - Civil procedure - 1880 - 864 pages
...1317-1351, 137B; 36 C:U. 75 48 Cal. lliS, 568, 643; 4!) Cal. 7li, 606; 51) Cal. 5ä5. § 1860. For t-ho proper construction of an instrument, the circumstances under which it was made, including lue situation of the subject of the instrument, and of tlio pnrties to it, may also bo shown, so that... | |
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