The Pacific Reporter, Volume 46West Publishing Company, 1897 - Law reports, digests, etc "Comprising all the decisions of the Supreme Courts of California, Kansas, Oregon, Washington, Colorado, Montana, Arizona, Nevada, Idaho, Wyoming, Utah, New Mexico, Oklahoma, District Courts of Appeal and Appellate Department of the Superior Court of California and Criminal Court of Appeals of Oklahoma." (varies) |
From inside the book
Results 1-5 of 83
Page 6
... cause of action , or show what were the allegations of the amended complaint . Department 2. Application by H. S. Dixon , an insane person , by his guardian , J. R. Dixon , for writ of mandate to E. W. Risley , judge of the superior ...
... cause of action , or show what were the allegations of the amended complaint . Department 2. Application by H. S. Dixon , an insane person , by his guardian , J. R. Dixon , for writ of mandate to E. W. Risley , judge of the superior ...
Page 10
... cause , or any cause , of action appears to be barred by any statute of limitation . The complaint shows that all the warrants were paid by the treasurer during his said term of office , and within three years next preceding the ...
... cause , or any cause , of action appears to be barred by any statute of limitation . The complaint shows that all the warrants were paid by the treasurer during his said term of office , and within three years next preceding the ...
Page 30
... cause of action . 2. Where the petition of the plaintiff alleges a cause of action for relief on account of fraud , and states that the fraudulent transaction com- plained of accrued more than two years before the commencement of the ...
... cause of action . 2. Where the petition of the plaintiff alleges a cause of action for relief on account of fraud , and states that the fraudulent transaction com- plained of accrued more than two years before the commencement of the ...
Page 31
... cause of action in such cases shall not be deemed to have ac- crued until the discovery of the fraud . The cause of action was complete on the day the fraudulent deed was executed , but , if D. M. Tipton had no knowledge of the fraudu ...
... cause of action in such cases shall not be deemed to have ac- crued until the discovery of the fraud . The cause of action was complete on the day the fraudulent deed was executed , but , if D. M. Tipton had no knowledge of the fraudu ...
Page 37
... cause was not placed on the docket by the clerk of the court when he made up the docket for the September term of court ; said cause having been commenced August 26 , 1890 , and after the trial docket had been made up for said September ...
... cause was not placed on the docket by the clerk of the court when he made up the docket for the September term of court ; said cause having been commenced August 26 , 1890 , and after the trial docket had been made up for said September ...
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Common terms and phrases
affidavit Affirmed alleged amended amount Appeal from superior Arapahoe county assigned attachment authority Bank bond cause of action charge claim Code Colo complaint concur constitution contract corporation coun creditors damages debt deed demurrer denied district court duly election entitled evidence executed fact favor fendant filed Francisco Chavez Glenn county held instructions issued Judge judgment jury Kansas land liability lien ment Missoula county mortgage motion owner paid party payment person petition Pierce county plaintiff in error pleadings possession premises proceedings promissory note proof purchase question quo warranto railroad Rawlins county reason record recover rendered respondent reversed rule Sedgwick county statute sufficient Sumner county superior court Supreme Court taxes testimony thereof tiff tion trial court verdict void Wash witness writ
Popular passages
Page 119 - Neither the credit nor the money of the state shall be given or loaned to or in aid of any association, corporation or private undertaking. This section shall not, however, prevent the legislature from making such provision for the education and support of the blind, the deaf and dumb, and juvenile delinquents, as to it may seem proper. Nor shall it apply to any fund or property now held, or which may hereafter be held, by the state for educational purposes.
Page 286 - That the plaintiff was the owner and entitled to the possession of the property described in the complaint, and that the defendants unlawfully withheld the same from the plaintiff.
Page 98 - Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial; 5.
Page 87 - Every person who commences or carries on any business, trade, profession, or calling, for the transaction or carrying on of which a license is required by any law of this state, without taking out or procuring the license prescribed by such law, is guilty of a misdemeanor.
Page 184 - ... 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Page 356 - Such malice may be express or implied. It is express when there is manifested a deliberate intention unlawfully to take away the life of a fellow creature. It is implied, when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart.
Page 334 - Private property shall not be taken or damaged for public use without just compensation having been first made to, or paid into Court for, the owner, and no right of way shall be appropriated to the use of any corporation other than municipal until full compensation therefor be first made in money or ascertained and paid into Court for the owner...
Page 315 - It is furthermore hereby provided and mutually agreed, that no suit or action against this company, for the recovery of any claim by virtue of this policy, shall be sustainable in any Court of Law or Chancery until after an award shall have been obtained fixing the amount of such claim in the manner above provided...
Page 250 - Seventy five years, and being of sound mind and memory do make publish and declare this my last will and testament in manner following that is to say...
Page 104 - Libel is a false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye, which exposes any person to hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation.