The Pacific Reporter, Volume 225West Publishing Company, 1924 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 45
... contract must be pleaded . In view of Civ . Code , § 3275 , waiver of stipulation in installment contract making time of the essence of the contract is a matter of defense , which must be pleaded in an action to forfeit . man , the ...
... contract must be pleaded . In view of Civ . Code , § 3275 , waiver of stipulation in installment contract making time of the essence of the contract is a matter of defense , which must be pleaded in an action to forfeit . man , the ...
Page 46
... contract - the defendant Lillian Clark restored to her rights under the contract . The pay ment was made by Mrs. Clark on the 15th day of November . The payment due November 18th was not paid . The first installment of taxes on the ...
... contract - the defendant Lillian Clark restored to her rights under the contract . The pay ment was made by Mrs. Clark on the 15th day of November . The payment due November 18th was not paid . The first installment of taxes on the ...
Page 47
... contract for the sale of land , waives any right to declare a forfei- ture on account of the previous failures to pay when due . But such acceptance alone does not change the terms of the contract as to for- feiture for future failures ...
... contract for the sale of land , waives any right to declare a forfei- ture on account of the previous failures to pay when due . But such acceptance alone does not change the terms of the contract as to for- feiture for future failures ...
Page 69
... contract there drawn in question , it be Judgment for plaintiff , and defendant aping a sale of lath , was wholly executed on peals . Affirmed . the part of the vendor , who had delivered all of the lath in accordance with the terms ...
... contract there drawn in question , it be Judgment for plaintiff , and defendant aping a sale of lath , was wholly executed on peals . Affirmed . the part of the vendor , who had delivered all of the lath in accordance with the terms ...
Page 73
... contract , made with some other person than her husband . A deed from the wife to the husband is not her sole contract , nor a contract with a stranger to the community , but the contract of both husband and wife , through the me- dium ...
... contract , made with some other person than her husband . A deed from the wife to the husband is not her sole contract , nor a contract with a stranger to the community , but the contract of both husband and wife , through the me- dium ...
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Common terms and phrases
affirmative defense affirmed agent agreement alleged amended amount Appeal from Superior appellant April assignment attorney bank bond cause of action charge claim Colo commission complaint concur contract corporation creditors damages deceased decree deed defendant in error defendant's demurrer dence denied Digests and Indexes District Court entitled evidence executed facts fendant filed fraud held husband incompetent evidence Indexes 225 instruction Judge judgment jury Key-Numbered Digests land liability lien lumber ment mortgage motion Nancy Walling negligence Oklahoma opinion owner paid parties payment person petition plaintiff in error pleaded possession purchase question reason record refused respondent rule Stat statute statute of limitations suit Superior Court supra Supreme Court surety sustained Tamaqua testified testimony thereof tiff tion topic and KEY-NUMBER tract trial court verdict Wash wife witness
Popular passages
Page 416 - A discharge in bankruptcy shall release a bankrupt from all of his provable debts...
Page 388 - When the death of a person not being a minor is caused by the wrongful act or neglect of another, his heirs or personal representatives may maintain an action for damages against the person causing the death...
Page 281 - Of whose true-fix'd and resting quality There is no fellow in the firmament.
Page 307 - If an action shall be commenced within the time prescribed therefor, and a judgment therein for the plaintiff be reversed on appeal, the plaintiff, or if he die and the cause of action survive, his heirs or representatives, may commence a new action within one year after the reversal.
Page 146 - An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. § 3. Every other remedy is a special proceeding.
Page 4 - The commission shall have continuing jurisdiction over all its orders, decisions and awards made and entered under the provisions of sections six to thirty-one, inclusive, of this act and may at any time, upon notice, and after opportunity to be heard is given to the parties in interest, rescind, alter or amend any such order, decision or award made by it upon good cause appearing therefor...
Page 125 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
Page 89 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Page 412 - ... 1. If the action be against defendants jointly indebted upon contract, he may proceed against the defendant served,* unless the court otherwise direct, and if he recover judgment, it may be entered against all the defendants thus jointly indebted, so far only as that it may be enforced against the joint property of all, and the separate property of the defendants served, and if they are subject to arrest, against the persons of the defendants served : or, 2.
Page 416 - The liability of a person who is a co-debtor with, or guarantor or in any manner a surety for, a bankrupt shall not be altered by the discharge of such bankrupt.