The Pacific Reporter, Volumen173West Publishing Company, 1918 |
Dentro del libro
Resultados 1-5 de 100
Página 9
... evidence in behalf of the defendant was employed . The defendant appeals . contradictory of that offered by the plaintiff , but taking all of the testimony , direct and circumstantial , it cannot be said that the findings and verdict ...
... evidence in behalf of the defendant was employed . The defendant appeals . contradictory of that offered by the plaintiff , but taking all of the testimony , direct and circumstantial , it cannot be said that the findings and verdict ...
Página 15
... evidence was that he said the money was to go to her and her children . She testified that he told her that when he died she would receive the money for herself and the children . This was not a variance , nor did it tend to show that ...
... evidence was that he said the money was to go to her and her children . She testified that he told her that when he died she would receive the money for herself and the children . This was not a variance , nor did it tend to show that ...
Página 116
... evidence , users and made a new appropriation of water not merely to determine whether there is a therefor and enlarged and extended the canal substantial conflict therein , but to deter- in order to make possible such use , they as ...
... evidence , users and made a new appropriation of water not merely to determine whether there is a therefor and enlarged and extended the canal substantial conflict therein , but to deter- in order to make possible such use , they as ...
Página 134
... evidence , if not necessary to a full understand ing of the questions raised , nor need the evi- dence be in form of questions and answers . 2. EXCEPTIONS , BILL OF 55 ( 1 ) -PRESERVA- TION OF EXCEPTIONS . Though plaintiffs were ...
... evidence , if not necessary to a full understand ing of the questions raised , nor need the evi- dence be in form of questions and answers . 2. EXCEPTIONS , BILL OF 55 ( 1 ) -PRESERVA- TION OF EXCEPTIONS . Though plaintiffs were ...
Página 178
... evidence of facts or a particular fact embodied in the question . 8. TRIAL 208 - HYPOTHETICAL QUESTION- INSTRUCTION . Counsel objecting to a hypothetical ques- tion on the ground it assumes facts not proved may have the instruction of ...
... evidence of facts or a particular fact embodied in the question . 8. TRIAL 208 - HYPOTHETICAL QUESTION- INSTRUCTION . Counsel objecting to a hypothetical ques- tion on the ground it assumes facts not proved may have the instruction of ...
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Términos y frases comunes
affirmed agreement alleged amended amount appellant applied assessment Bank bond cause of action charge claim Cleveland county Code Colo complaint concur contended contract contributory negligence corporation damages deceased decree deed defendant's demurrer denied Deschutes county Digests and Indexes District Court EMINENT DOMAIN employé entitled estoppel evidence fact favor fendant filed findings ground held injury instruction interest issue Judge judgment jurisdiction jury Key-Numbered Digests King County land liability lien mandamus ment mortgage motion negligence notice opinion owner paid parties payment person petition petitioner plain plaintiff in error pleadings proceedings purchase purpose question railroad reason received recover Rehearing remittitur rendered respondent rule Stat statute Superior Court Supreme Court surety testified testimony thereof tiff tion topic and KEY-NUMBER trial court trust Utah verdict Wash witness writ
Pasajes populares
Página 350 - The cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
Página 400 - When there is reason to believe that an impartial trial cannot be had therein ; 3. When the convenience of witnesses and the ends of justice would be promoted by the change.
Página 379 - All property, not exempted from taxation by this Constitution, shall be assessed for taxation at its fair cash value, estimated at the price it would bring at a fair voluntary sale...
Página 74 - All laws should receive a sensible construction. General terms should be so limited in their application as not to lead to injustice, oppression, or an absurd consequence. It will always, therefore, be presumed that the legislature intended exceptions to its language, which would avoid results of this character. The reason of the law in such cases should prevail over its letter.
Página 101 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.
Página 378 - The fundamental rule in construing statutes is to ascertain and give effect to the intention of the legislature.
Página 313 - ... 1. Actual annexation to the realty, or something appurtenant thereto. 2. Appropriation to the use or purpose of that part of the realty with which it is connected. 3. The intention of the party making the annexation, to make the article a permanent accession to the freehold...
Página 73 - ... sometimes by considering the cause and necessity of making the act, sometimes by comparing one part of the act with another, and sometimes by foreign circumstances. So that they have ever been guided by the intent of the legislature, which they have always taken according to the necessity of the matter and according to that which is consonant to reason and good discretion.
Página 99 - The location must be distinctly marked on the ground so that its boundaries can be readily traced. All records of mining claims hereafter made shall contain the name or names of the locators, the date of the location, and such a description of the claim or claims located by reference to some natural object or permanent monument as will identify the claim. On each claim located after the tenth day of May, eighteen hundred and seventy-two, and until a patent has been issued therefor, not less than...
Página 226 - It is admitted that the rule is difficult of application. 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.