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) |
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Results 1-5 of 83
Page 29
of performance in the petition were essen- tial ; and , as the petition of the plaintiffs below wholly failed in this particular , no right of action was shown , and the court com- mitted error in overruling the demurrer . " The ...
of performance in the petition were essen- tial ; and , as the petition of the plaintiffs below wholly failed in this particular , no right of action was shown , and the court com- mitted error in overruling the demurrer . " The ...
Page 30
... petition does not state facts sufficient to constitute a 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 ...
... petition does not state facts sufficient to constitute a 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 ...
Page 31
... petition of D. M. Tip- ton , for the reason that said cross petition did not state facts sufficient to constitute a cause of action in his favor and against the defendants below . The contention of the plaintiffs in error is that the ...
... petition of D. M. Tip- ton , for the reason that said cross petition did not state facts sufficient to constitute a cause of action in his favor and against the defendants below . The contention of the plaintiffs in error is that the ...
Page 32
... petition in the district court of Lyon county , Kan . , against the Atchison , To- peka & Santa Fé Railroad Company , in which he claimed that on the 18th day of October , 1887 , he delivered four car loads of cattle to the railroad ...
... petition in the district court of Lyon county , Kan . , against the Atchison , To- peka & Santa Fé Railroad Company , in which he claimed that on the 18th day of October , 1887 , he delivered four car loads of cattle to the railroad ...
Page 33
a demurrer to the amended petition for the reason that the petition did not state facts sufficient to constitute a cause of action in favor of the plaintiff below and against the defendant below , which demurrer was over- ruled , and ...
a demurrer to the amended petition for the reason that the petition did not state facts sufficient to constitute a cause of action in favor of the plaintiff below and against the defendant below , which demurrer was over- ruled , and ...
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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.