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action affirmed agreed agreement alleged allowed amount answer appeal application authority bank bill brought cause charge claim Code complaint considered constitution contract corporation costs deed defendant denied determine district court effect entered entitled error evidence exceptions execution facts filed follows fund further give given grant ground held instruction intention interest issue John Judge judgment jury land levy lien logs lots March matter ment mortgage motion necessary notice objection opinion owner paid parties payment person plain plaintiff possession presented proceedings proper purchase question reason received record recover reference refused rendered respondent rule statement statute sufficient suit superior Supreme Court taken testimony thereof tion trial verdict warrants witness writ
Página 413 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Página 264 - ... in trust for the several use and benefit of the occupants thereof, according to their respective interests ; the execution of which trust, as to the disposal of the lots in such town, and the proceeds of the sales thereof, to be conducted under such regulations as may be prescribed by the legislative authority of the State or Territory in which the same may be situated.
Página 135 - Each stockholder of a corporation or joint-stock association shall be individually and personally liable for such proportion of all its debts and liabilities contracted or incurred during the time he was a stockholder, as the amount of stock or shares • -owned by him bears to the whole of the subscribed capital stock or shares of the corporation or association.
Página 116 - 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 ; •j.
Página 178 - Thousand dollars in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, have granted, bargained, and sold, and by these presents do grant, bargain, and sell, unto the said party of the second part...
Página 84 - It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers.
Página 330 - Mistake of fact is a mistake, not caused by the neglect of a legal duty on the part of the person making the mistake, and consisting in: 1. An unconscious ignorance or forgetfulness of a fact past or present, material to the contract; or, 2. Belief in the present existence of a thing material to the contract, which does not exist, or in the past existence of such a thing, which has not...
Página 12 - ... an application for a patent for such placer claim which does not include an application for the vein or lode claim shall be construed as a conclusive declaration that the claimant of the placer claim has no right of possession of the vein or lode claim...
Página 62 - The repeal of any law creating a criminal offense does not constitute a bar to the indictment or information and punishment of an act already committed in violation of the law so repealed, unless the intention to bar such indictment or information and punishment is expressly declared in the repealing act.