The Pacific Reporter, Volume 225West Publishing Company, 1924 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 25
... trial court . An appeal was taken under the alternative method , but the judgment was affirmed . Kohn v . Kemp ner et al . , 59 Cal . App . 621 , 211 Pac . 805 . Subsequently plaintiff herein ( respondent on the original appeal ) filed ...
... trial court . An appeal was taken under the alternative method , but the judgment was affirmed . Kohn v . Kemp ner et al . , 59 Cal . App . 621 , 211 Pac . 805 . Subsequently plaintiff herein ( respondent on the original appeal ) filed ...
Page 27
... court is not permitted to do . It is for the trial court to consider all the conflicting evidence , as well as the admitted facts and circum- stances in the case , and make its findings thereon , and if upon appeal such findings are ...
... court is not permitted to do . It is for the trial court to consider all the conflicting evidence , as well as the admitted facts and circum- stances in the case , and make its findings thereon , and if upon appeal such findings are ...
Page 48
... trial court in the case at bar could not have granted the appellants any relief on the grounds of waiver of any of the terms of the No attempt , however , has been made to contract because such issue was not tendered take advantage of ...
... trial court in the case at bar could not have granted the appellants any relief on the grounds of waiver of any of the terms of the No attempt , however , has been made to contract because such issue was not tendered take advantage of ...
Page 52
... trial of the defendant therefor occurred be- fore that amendment became effective . We conclude that the trial court did not err in its failure to instruct the jury as counsel for defendant insists should have been done . [ 3 ] ...
... trial of the defendant therefor occurred be- fore that amendment became effective . We conclude that the trial court did not err in its failure to instruct the jury as counsel for defendant insists should have been done . [ 3 ] ...
Page 103
... Court : I am not going to take up any of them unless I take up all of them . ( Infor- mal argument . ) " Mr. Wilson : That is only on our motion for new trial . " The Court : As I understand , the court does not pass on this at all ...
... Court : I am not going to take up any of them unless I take up all of them . ( Infor- mal argument . ) " Mr. Wilson : That is only on our motion for new trial . " The Court : As I understand , the court does not pass on this at all ...
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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.