The Pacific Reporter, Volume 100

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West Publishing Company, 1909 - Law reports, digests, etc

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Page 148 - 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, irrespective of any benefit from any improvement proposed by such corpo-ration, which compensation shall be ascertained by a jury, unless a jury be waived,...
Page 206 - ... upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect...
Page 400 - We may lay it down as a broad general principle that wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it
Page 13 - ... all transportation and transmission companies doing business in this State, in all matters relating to the performance of their public duties and their charges therefor, and of correcting abuses...
Page 106 - While the jury are kept together, either during the progress of the trial or after their retirement for deliberation...
Page 117 - ... 1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true; 2. The positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true; 3.
Page 100 - Assembly to submit such amendment or amendments to the electors of the State ; and if a majority of said electors shall ratify the same, such amendment or amendments shall become a part of this Constitution.
Page 443 - (1) Voluntary — upon a sudden quarrel or heat of passion. "(2) Involuntary — In the commission of an unlawful act not amounting to felony ; or in the commission of a lawful act which might produce death in an unlawful manner, or without due caution and circumspection.
Page 98 - SEC. 2. If two or more amendments shall be submitted at the same time, they shall be submitted in such manner, that the electors shall vote for or against each of such amendments separately...
Page 441 - All murder which is perpetrated by means of poison, or lying in wait, torture, or by any other kind of willful, deliberate, and premeditated killing, or which is committed in the perpetration or attempt to perpetrate arson, rape, robbery, burglary, or mayhem, is murder of the first degree; and all other kinds of murders are of the second degree.

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