The Pacific Reporter, Volume 82West Publishing Company, 1906 - Law reports, digests, etc "Comprising all the decisions of the Supreme Courts of California, Kansas, Oregon, Washington, Colorado, Montana, Arizona, Nevada, Idaho, Wyoming, Utah, New Mexico, Oklahoma, District Courts of Appeal and Appellate Department of the Superior Court of California and Criminal Court of Appeals of Oklahoma." (varies) |
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Page 13
... evidence , without ex- press or implied proof of the agent's authority . 3. SAME - FAILURE TO RAISE OBJECTION - EF- FECT . Failure of a tenant to object to the intro- duction in evidence of a notice to quit signed by his landlord's ...
... evidence , without ex- press or implied proof of the agent's authority . 3. SAME - FAILURE TO RAISE OBJECTION - EF- FECT . Failure of a tenant to object to the intro- duction in evidence of a notice to quit signed by his landlord's ...
Page 32
... evidence showing negligence upon the part of the ap- pellant , for that it is urged that the evidence does not show that the steam escaped from such portion of the engine as was under the control of the engineer , and that , at any ...
... evidence showing negligence upon the part of the ap- pellant , for that it is urged that the evidence does not show that the steam escaped from such portion of the engine as was under the control of the engineer , and that , at any ...
Page 35
... evidence in the case was not in the exercise of ordinary care and prudence . " It will thus be seen that the jury were several times told that , in order to find for the plaintiff , they must find by a pre- ponderance of the evidence ...
... evidence in the case was not in the exercise of ordinary care and prudence . " It will thus be seen that the jury were several times told that , in order to find for the plaintiff , they must find by a pre- ponderance of the evidence ...
Page 50
... evidence in the case , believe the statement made by the wit- ness as to the causes operating upon his mind to produce his consent to the transac- tion - and the findings of the court make it plain that it did not - it is manifest that ...
... evidence in the case , believe the statement made by the wit- ness as to the causes operating upon his mind to produce his consent to the transac- tion - and the findings of the court make it plain that it did not - it is manifest that ...
Page 61
... evidence , were the old esteemed friends of both Mr. and Mrs. Morey . There is nothing in the evi- dence tending to show that it was the wish of Morey , the deceased , that any portion of the small estate should go to his eastern rel ...
... evidence , were the old esteemed friends of both Mr. and Mrs. Morey . There is nothing in the evi- dence tending to show that it was the wish of Morey , the deceased , that any portion of the small estate should go to his eastern rel ...
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Popular passages
Page 20 - ... that at the expiration of the said term, or other determination of this lease, the said party of the second part will quit and surrender the premises hereby demised in as good state and condition as reasonable use and wear thereof will permit, damages by the elements excepted...
Page 258 - It was for the building of a bridge, which it recites the party of the second part "desires to build across the Allegheny river, and in accordance with specifications and plans * * * heretofore submitted to the. party of the first part by the .party of the second part.
Page 150 - Private property shall not be taken for private use, except for private ways of necessity, and for drains, flumes or ditches on or across the lands of others for agricultural, domestic or sanitary purposes.
Page 258 - Territory, sells to the said party of the second part the said mining claims upon the terms and consideration following, to wit: "The said party of the second part shall pay to the party of the first part...
Page 370 - If an injunction be granted without notice, the defendant at any time before the trial, may apply, upon reasonable notice to the judge who granted the injunction, or to the court in which the action is brought, to dissolve or modify the same.
Page 404 - In the actions mentioned in the last section the defendant may, in his answer, allege both the truth of the matter charged as defamatory, and any mitigating circumstances, to reduce the amount of damages; and whether he prove the justification or not, he may give in evidence the mitigating circumstances.
Page 70 - For the proper construction of an instrument the circumstances under which it was made, including the situation of the subject of the instrument, and of the parties to it, may also be shown, so that the judge be placed in the position of those whose language he is to interpret.
Page 209 - Any one may waive the advantage of a law intended solely for his benefit. But a law established for a public reason cannot be contravened by a private agreement. § 3514. One must so use his own rights as not to infringe upon the rights of another.
Page 428 - ... (2) The mortgage is recorded as provided in subsection C, together with the time and date when the mortgage is so endorsed; (3) An affidavit is filed with the record of such mortgage to the effect that the mortgage is made in good faith and without any design to hinder, delay, or defraud any existing or future creditor of the mortgagor or any lienor of the mortgaged vessel...
Page 410 - Is about to convert his property, or a part thereof, into money, for the purpose of placing it beyond the reach of his creditors...