West Coast Reporter: Containing All the Decisions as Fast as Filed, of the Following Courts : United States Circuit and District Courts of California, Colorado, Nevada, and Oregon, and the Supreme Courts of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming, Volume 3A.L. Bancroft, 1884 - Law reports, digests, etc |
From inside the book
Results 1-5 of 91
Page 32
... contract does not truly express the intention of the parties , it may be revised on the application of a party aggrieved , so as to express the intention so far as it can be done without prejudice to rights acquired by third persons ...
... contract does not truly express the intention of the parties , it may be revised on the application of a party aggrieved , so as to express the intention so far as it can be done without prejudice to rights acquired by third persons ...
Page 70
... contract , by the terms of which , Carson was to build a bridge across Salmon River , and to receive therefor from appellant , the sum of three thousand one hundred dollars . That subsequently to making said contract the location of the ...
... contract , by the terms of which , Carson was to build a bridge across Salmon River , and to receive therefor from appellant , the sum of three thousand one hundred dollars . That subsequently to making said contract the location of the ...
Page 108
... contract ; any other cause of action arising also upon contract and existing at the commencement of the action . This section , 438 , and section 440 , C. C. P. , are the counterparts of sections 47 and 48 of the old practice act ...
... contract ; any other cause of action arising also upon contract and existing at the commencement of the action . This section , 438 , and section 440 , C. C. P. , are the counterparts of sections 47 and 48 of the old practice act ...
Page 147
... contract between these various grantees and lot owners , and since Brown had conveyed each lot in fee , and had retained no reversionary interest whatever , there was no privity of estate among the various grantees and proprietors of ...
... contract between these various grantees and lot owners , and since Brown had conveyed each lot in fee , and had retained no reversionary interest whatever , there was no privity of estate among the various grantees and proprietors of ...
Page 182
... CONTRACT - SEPARATE ESTATE - SECURITY FOR HUSBAND'S DEETS.- The assignment by a married woman of a note and mortgage of real estate , the same being her separate property , as collateral security for the payment of her husband's debts ...
... CONTRACT - SEPARATE ESTATE - SECURITY FOR HUSBAND'S DEETS.- The assignment by a married woman of a note and mortgage of real estate , the same being her separate property , as collateral security for the payment of her husband's debts ...
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Common terms and phrases
action adverse possession affirmed agreement alleged allowed amount answer APPEAL application assessment assignment attachment authority bank bill cause charge claim common complaint consideration constitution contract corporation creditors decision decree deed defendant delivered demand denying Department direct district dollars duty effect entered entitled equity error evidence execution existing facts favor Filed follows further give given grant ground held hundred instruction intent interest issued judgment jury justice land matter means ment mortgage motion natural necessary notice objection opinion owner paid parties patent payment performed person plaintiff possession present proceedings proprietors provisions purchase question reason received record recover reference rendered respect respondent riparian rule statute stream sufficient suit superior court taken thereof thousand tion trial United verdict witness
Popular passages
Page 98 - ... connected with the subject of the action. Section 127 of the Revised Code of Civil Procedure provides: "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 773 - On each claim located after the tenth day of May, eighteen hundred and seventy-two, and until a patent has been issued therefor, not less than one hundred dollars' worth of labor shall be performed or improvements made during each year.
Page 169 - The miners of each mining district may make regulations not in conflict with the laws of the United States, or with the laws of the State or Territory in which the district is situated, governing the location, manner of recording, amount of work necessary to hold possession of a mining claim...
Page 39 - The Legislature, by general and uniform laws, shall provide for the election or appointment, in the several counties, of Boards of Supervisors, Sheriffs, County Clerks, District Attorneys, and such other county, township, and municipal officers as public convenience may require, and shall prescribe their duties, and fix their terms of office.
Page 21 - Judges shall not charge juries with respect to matters of fact, but may state the testimony and declare the law.
Page 37 - ... transacted and carried on within the limits of their respective jurisdictions, and all shows, exhibitions, and lawful games carried on therein, to fix the rates of license tax upon the same, and to provide for the collection of the same by suit or otherwise...
Page 499 - ... conveying the right and title to said lands to said company, on each side of the road as far as the same is completed, to the amount aforesaid...
Page 422 - In the case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any setoff or other defense, existing at the time of, or before notice of the assignment; but this Section shall not apply to a negotiable promissory note or bill of exchange, transferred in good faith, and upon good consideration, before due.
Page 578 - ... the testator, such issue shall take the estate so given by the will, in the same manner...
Page 85 - Debts and credits and other personal property, not capable of manual delivery, must be attached by leaving with the person owing such debts, or having in his possession, or under his control, such credits and other personal property, or with his agent, a copy of the writ, and a notice that the debts owing by him to the defendant, or the credits and other personal property in his possession, or under his control, belonging to the defendant, are attached in pursuance of such writ...