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 |
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Page 23
... plaintiff a new trial . The opinion states the facts . Edward D. Pringle , for the appellant . Cope & Boyd , for the respondent . THE COURT . 1. It would seem to be the theory of plaintiff , the appellant , that the conveyance by Alvord ...
... plaintiff a new trial . The opinion states the facts . Edward D. Pringle , for the appellant . Cope & Boyd , for the respondent . THE COURT . 1. It would seem to be the theory of plaintiff , the appellant , that the conveyance by Alvord ...
Page 24
... plaintiff's brother is clear to the point that a large portion of the consideration for the Alvord title was paid to him , with the consent of Wells , Fargo & Co. , to be by him appro- priated in the proportions stated in the circular ...
... plaintiff's brother is clear to the point that a large portion of the consideration for the Alvord title was paid to him , with the consent of Wells , Fargo & Co. , to be by him appro- priated in the proportions stated in the circular ...
Page 25
... plaintiff's bonds . The answer does not allege a tech- nical " payment " by defendant , but that the bonds were paid , satisfied and discharged , as the result of the facts averrd . If the bonds were to be returned to Wells , Fargo & Co ...
... plaintiff's bonds . The answer does not allege a tech- nical " payment " by defendant , but that the bonds were paid , satisfied and discharged , as the result of the facts averrd . If the bonds were to be returned to Wells , Fargo & Co ...
Page 31
... plaintiff for value - he ( Sutton ) retaining the $ 1,000 notes . In the absence of any special agreement to the contrary , the assignment under such circumstances of the $ 3,000 note would have carried with it a pro rata interest in ...
... plaintiff for value - he ( Sutton ) retaining the $ 1,000 notes . In the absence of any special agreement to the contrary , the assignment under such circumstances of the $ 3,000 note would have carried with it a pro rata interest in ...
Page 32
... plaintiff believed at the time of signing said instrument that it contained that stipula- tion , and that defendant knew at the time of signing said instrument that it did not contain that stipulation , but did contain one that ...
... plaintiff believed at the time of signing said instrument that it contained that stipula- tion , and that defendant knew at the time of signing said instrument that it did not contain that stipulation , but did contain one that ...
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Common terms and phrases
adverse possession affirmed agreement alleged amount answer APPEAL assessment assignment authority bill cause of action charge Charles Bent claim common law complaint concurred constitution contract conveyance conviction corporation court of equity creditors debt debtor decree deed defendant defendant's demand demurrer district court duty entered in favor entitled equity error evidence execution facts fraud grant habeas corpus held hundred indictment insolvent interest irrigation issue Judgment and order jurisdiction jury justice land matter ment mortgage notice offense opinion order denying owner paid parties patent payment person petitioner plaintiff plaintiff in error possession premises proceedings provisions purchase purpose question recover rendered respondent reversed riparian proprietors Ruble rule San Joaquin county statute statute of frauds stream sufficient suit superior court supreme court Taos county Teresina testimony therein thereof tion trial verdict void witness writ
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...