The Pacific Reporter, Volume 48West Publishing Company, 1897 |
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Resultados 1-5 de 85
Página 22
... action , and have been thereby damaged , and the plaintiff fails to reply or appear when the case is set for trial , it is error for the trial court to render SET - OFF AND COUNTERCLAIM . A cause of action accruing to a defendant for ...
... action , and have been thereby damaged , and the plaintiff fails to reply or appear when the case is set for trial , it is error for the trial court to render SET - OFF AND COUNTERCLAIM . A cause of action accruing to a defendant for ...
Página 23
... action which accrued subsequently to the filing of the original petition . The de- fendant raised no objection in the court be- low to a consideration of the matters set forth in the amended petition , but took issue there- on . It was ...
... action which accrued subsequently to the filing of the original petition . The de- fendant raised no objection in the court be- low to a consideration of the matters set forth in the amended petition , but took issue there- on . It was ...
Página 24
... action in his re- turn on the writ of attachment upon which the goods were seized . The amendments were unimportant , and the action of the court fur- nishes no cause for reversal . When the writ of attachment was placed in the hands of ...
... action in his re- turn on the writ of attachment upon which the goods were seized . The amendments were unimportant , and the action of the court fur- nishes no cause for reversal . When the writ of attachment was placed in the hands of ...
Página 29
... action for foreclosure . 2. In an action to foreclose a mortgage the recitals in the mortgage are sufficient to show an indebtedness , and to prove , prima facie , the execution of the note . Error from district court , Cloud county ...
... action for foreclosure . 2. In an action to foreclose a mortgage the recitals in the mortgage are sufficient to show an indebtedness , and to prove , prima facie , the execution of the note . Error from district court , Cloud county ...
Página 35
... Action by George A. Thompson and another against the Kansas & New Mexico Land & Cattle Company . From a judgment for plaintiffs , defendant brings error . Affirmed . T. B. Wall and C. H. Brooks , for plaintiff in error . W. E. Stanley ...
... Action by George A. Thompson and another against the Kansas & New Mexico Land & Cattle Company . From a judgment for plaintiffs , defendant brings error . Affirmed . T. B. Wall and C. H. Brooks , for plaintiff in error . W. E. Stanley ...
Outras edições - Ver tudo
Palavras e frases frequentes
affirmed agreement alleged Alturas county amended amount answer Appeal from superior assignment attorney authority bank Bingham county bond cause of action claim Code Colo complaint concur constitution contest contract Coos county corporation creditors damages debt decree deed defendant demurrer denied district court entitled evidence executed fact favor fendant filed foreclosure Gallatin county held indebtedness interest issued John Mahnken Judge judgment jurisdiction jury justice land levy liability lien ment Milton Kelly mortgage motion Myrtle Point paid parties payment person petition plaintiff in error Port Townsend possession proceedings promissory note question railroad reason received record recover rendered respondent reversed Roseburg rule sheriff Silver Republican party statute suit superior court Supreme Court testimony thereof tiff tion trial court trust verdict wife witness writ
Passagens conhecidas
Página 247 - 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.
Página 233 - Indian tribes; and that until the title thereto shall have been extinguished by the United States, the same shall be and remain subject to the disposition of the United States...
Página 292 - Nothing herein shall be construed to exempt the real property of associations from either State, county, or municipal taxes, to the same extent, according to its value, as other real property is taxed.
Página 140 - No bill shall contain more than one subject, which shall be clearly expressed in its title, and no law shall be revived or amended unless the new act contain the entire act revived, or the section or sections amended, and the section or sections so amended shall be repealed.
Página 325 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
Página 325 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Página 375 - All property in this Commonwealth is .... held subject to those general regulations which are necessary to the common good and general welfare. Rights of property, like all other social and conventional rights, are subject to such reasonable limitations in their enjoyment as shall prevent them from being injurious, and to such reasonable restraints and regulations established by law as the legislature, under the governing and controlling power...
Página 327 - Every trustee, banker, merchant, broker, attorney, agent, assignee in trust, executor, administrator, or collector, or person otherwise intrusted with or having in his control property for the use of any other^ person, who fraudulently appropriates it to any use or purpose not in the due and lawful execution of his trust, or secretes it with a fraudulent intent to appropriate it to such use or purpose, and any contractor who appropriates money paid to him for any use or purpose, other than for that...
Página 94 - All claims founded upon the constitution of the United States or any law of congress, except for pensions, or upon any regulation of an executive department, or upon any contract express or implied with the government of the United States...
Página 193 - If the remedy at law . is sufficient, equity cannot give relief, "but it is not enough that * there is a remedy at law; it must be plain and adequate, or. in other words, as practical and efficient to the ends of justice, and its prompt administration, as the remedy in equity.