The Pacific Reporter, Volume 12West Publishing Company, 1887 - Law reports, digests, etc |
From inside the book
Results 1-5 of 74
Page 5
... performed all the conditions on its part to be performed of said contract , as so modified , and demanded judg- ment against said appellant for said sum of $ 5,042 . The appellant interposed an answer to the complaint , admitting ...
... performed all the conditions on its part to be performed of said contract , as so modified , and demanded judg- ment against said appellant for said sum of $ 5,042 . The appellant interposed an answer to the complaint , admitting ...
Page 6
... perform it , and , especially , that it was no modification of the original contract , so far as related to the compen- sation and manner of payment as provided therein ; that the common coun- cil had not passed upon the improvement ...
... perform it , and , especially , that it was no modification of the original contract , so far as related to the compen- sation and manner of payment as provided therein ; that the common coun- cil had not passed upon the improvement ...
Page 7
... performed the contract , and that raised a material issue in the case , and , had it been maintained by the appellant , it would have been a complete de- fense ; but the jury seems to have determined otherwise , and we cannot re- view ...
... performed the contract , and that raised a material issue in the case , and , had it been maintained by the appellant , it would have been a complete de- fense ; but the jury seems to have determined otherwise , and we cannot re- view ...
Page 8
whom it is performed . In the former case the production of such certificate is a condition precedent to the right to demand the payment , and the party seeking to enforce payment must aver and prove its performance . In the latter case ...
whom it is performed . In the former case the production of such certificate is a condition precedent to the right to demand the payment , and the party seeking to enforce payment must aver and prove its performance . In the latter case ...
Page 12
... performed in obedience to a subpœna issued in a criminal action , are " particular services , " within the meaning of the constitution , and of which he cannot be deprived " without just compensation , " and that , con- sequently , the ...
... performed in obedience to a subpœna issued in a criminal action , are " particular services , " within the meaning of the constitution , and of which he cannot be deprived " without just compensation , " and that , con- sequently , the ...
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Common terms and phrases
adverse possession affidavit affirmed agreement alleged amended amount answer Appeal from superior assignment Atchison county attorney authority bank bill of exceptions cause of action claim Code Civil Proc Colo commenced commissioners complaint concur constitution contract counsel Court of California court of equity damages decree deed defendant defendant's demurrer denied district court duty entitled equity evidence executed facts favor fendant filed Finney county held homestead husband interest issue judge judgment jury Kansas land legislature liable lien ment mortgage motion Multnomah county N. W. Rep notice opinion owner paid parties payment person plaintiff in error pleadings possession premises proceedings promissory note purchase purpose question real property reason record recover rendered replevin respondent rule statute sufficient suit superior court Supreme Court testimony thereof tion trial verdict Wichita county wife witness writ
Popular passages
Page 177 - Every act shall embrace but one subject and matters properly connected therewith; which subject shall be expressed in the title. But if any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
Page 471 - Now Know Ye, That the United States of America, in consideration of the Premises, and in conformity with the several acts of Congress, in such case made and provided...
Page 388 - Lanzas, minister of said department : together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof. And also all the estate, right, title, interest, property, possession, claim and demand whatsoever as well in law as in equity, of the said party of the first part, of, in, or to the above described premises, and every part and parcel thereof,...
Page 43 - An action upon a liability created by statute, other than a penalty or forfeiture. 2. An action for trespass upon real property. 3. An action for taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property.
Page 316 - ... and to have a copy thereof, to meet the witnesses face to face, and to have process to compel the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed.
Page 182 - But neither the amendment — broad and comprehensive as it is — nor any other amendment, was designed to interfere with the power of the State, sometimes termed its police power, to prescribe regulations to promote the health, peace, morals, education and good order of the people, and to legislate so as to increase the industries of the State, develop its resources, and add to its wealth and prosperity.
Page 147 - If from the plaintiff's own stating or otherwise the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the Court says he has no right to be assisted. It is upon that ground the Court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff.
Page 472 - In testimony whereof, I, Andrew Jackson, PRESIDENT OF THE UNITED STATES OF AMERICA, have caused these Letters to be made Patent, and the seal of the General Land Office to be hereunto affixed.
Page 643 - The inquiry in such cases must be what is the property worth in the market, viewed not merely with reference to the uses to which it is at the time applied, but with reference to the uses to which it is plainly adapted; that is to say, what is it worth from its availability for valuable uses.
Page 43 - A lien is a charge imposed in some mode other than by a transfer in trust upon specific property by which it is made security for the performance of an act.