The Pacific Reporter, Volume 36West Publishing Company, 1894 - Law reports, digests, etc |
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Common terms and phrases
affidavit affirmed alleged amendment amount Appeal from superior appellant Arapahoe county assessment attorney authority Bank bill cause of action charge claim Code Colo commissioners complaint concur constitution contract corporation coun counsel Court of California court of equity damages debt deceased deed defendant defendant's demurrer denied district court dying declaration entitled error evidence executed fact fendant filed held homestead issue Judge judgment jurisdiction jury justice land lien March March 12 March 26 Marion county ment Merced county mortgage motion notice paid parties payment person petition Pima county plaintiff plaintiff in error pleading possession proceedings purchase question reason record refused rendered respondent reversed road rule statute suit superior court Supreme Court testified testimony thereof tiff tion verdict void Wash wife witness writ
Popular passages
Page 393 - A corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occurs; or in the county where the principal place of business of such corporation is situated, subject to the power of the Court to change the place of trial as in other cases.
Page 365 - ... giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully, to all intents and purposes, as I might or could do if personally present, with full power of substitution and revocation; hereby ratifying and confirming all that my said attorney or his substitute shall lawfully do, or cause to be done, by virtue hereof.
Page 120 - The execution of a contract in writing, whether the law requires it to be written or not, supersedes all the oral negotiations or stipulations concerning its matter which preceded or accompanied the execution of the instrument.
Page 218 - In any indictment for murder or manslaughter, or for being an accessory to any murder or manslaughter, it shall not be necessary to set forth the manner in which, or the means by which, the death of the deceased was caused, but it shall be sufficient in any indictment for murder to charge that the defendant did feloniously, wilfully, and of his malice aforethought, kill and murder the deceased...
Page 81 - ... is permitted to become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendant in resisting the claims of the plaintiff, or by demanding anything adversely to both the plaintiff and the defendant, and is made by complaint, setting forth the grounds upon which the intervention rests, filed by leave of the court and served upon the parties to the action or proceeding who have not appeared,...
Page 231 - ... as to any communication made by one to the other during the marriage; but this exception does not apply to a civil action or proceeding by one against the other...
Page 10 - the rule for jurisdiction is that nothing shall be intended to be out of the Jurisdiction of a superior court but that which specially appears to be so. and. on the contrary, nothing shall be intended to be within the Jurisdiction of an inferior court but that which is so expressly alleged;" and this rule has been so frequently repeated as to have become a maxim in the law.
Page 139 - ... where the death of the deceased is the subject of the charge, and the circumstances of the death the subject of the dying declarations (2).
Page 434 - Persons being within the degrees of consanguinity within which marriages are declared by law to be incestuous and void, who intermarry with each other, or who commit fornication or adultery with each other, are punishable by imprisonment in the state prison not less than one year nor more than fifty years.
Page 241 - Together with all and singular the hereditaments and appurtenances thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof ; and all the estate, right, title, interest, claim. and demand whatsoever of the said parties of the first part, either in law or equity, of.