The Pacific Reporter, Volume 88West Publishing Company, 1907 |
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Common terms and phrases
affidavit affirmed alleged amended amount answer appellant attorney authority cause of action Cent charge claim Colo complaint concur Constitution contract contributory negligence corporation counsel court of equity damages decree deed defendant defendant's demurrer dence denied district court ditch eminent domain entitled evidence facts favor fendant filed findings ground held Idaho injury instructions issue Judge judgment jury Kootenai County land lease Legislature liable Lou Graham ment mill motion negligence Note.-For ordinance owner party payment person petition plain plaintiff in error pleadings possession proceeding purchase purpose question quiet title railroad real estate reason record recover refused rendered replevin respondent reversed rule statute sufficient Superior Court Supreme Court testified testimony thereof tiff tion trading stamps trial court Utah verdict Wash witness writ
Popular passages
Page 415 - The right of trial by jury shall be secured to all, and remain inviolate ; but in civil actions three-fourths of the jury may render a verdict.
Page 76 - She was employed as an instrument of that commerce; for whenever a commodity has begun to move as an article of trade from one state to another, commerce in that commodity between the states has commenced.
Page 51 - ... as a matter of law, that plaintiff was guilty of contributory negligence in.
Page 438 - So it is said that an independent contractor is one who, exercising an independent employment, contracts to do a piece of work according to his own methods, and without being subject to the control of his employer, except as to the result of the work.
Page 327 - That the provisions of this section shall not apply to lands containing valuable deposits of minerals, metals, iron, coal or fire clay, and the necessary land for mills and machinery to be used in the development thereof and the manufacture of the products therefrom. Every corporation, the majority of the capital stock of which is owned by aliens, shall be considered an alien for the purposes of this prohibition.
Page 369 - Every person who attempts to commit any crime, but fails, or is prevented or intercepted in the perpetration thereof, is punishable, where no provision is made by law for the punishment of such attempts, as follows: 1.
Page 61 - An unqualified order or promise to pay is unconditional within the meaning of this act, though coupled with — 1. An indication of a particular fund out of which reimbursement is to be made, or a particular account to be debited with the amount; or 2. A statement of the transaction which gives rise to the instrument. But an order or promise to pay out of a particular fund is not unconditional.
Page 84 - But there is an admitted exception to this general rule in cases where, by reason of something done by the successful party to a suit, there was, in fact, no adversary trial or decision of the issue in the case. Where the unsuccessful party has been prevented from exhibiting fully his case, by fraud or deception practiced on him by his opponent...
Page 404 - ... from the time, when the right to make the demand is complete; except in one of the following cases: 1. Where the right grows out of the receipt or detention of money or property, by an agent, trustee, attorney, or other person acting in a fiduciary capacity, the time must be computed from the time, when the person, having the right to make the demand, has actual knowledge of the facts, upon which that right depends.
Page 269 - Any county, city, town, or township may make and enforce within its limits all such local, police, sanitary, and other regulations as are not in conflict with general laws.