The Pacific Reporter, Volume 64West Publishing Company, 1901 - Law reports, digests, etc |
From inside the book
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Page 9
... evidence intro- duced upon the trial in the court below , the case - made must contain all the evidence , and this must affirmatively appear in the case - made itself . A mere statement in the certificate of the trial judge that it ...
... evidence intro- duced upon the trial in the court below , the case - made must contain all the evidence , and this must affirmatively appear in the case - made itself . A mere statement in the certificate of the trial judge that it ...
Page 25
... evidence on the part of the state to prove the guilt of the defendant . Still we do not think the court erred in refusing such instruction . The state had offered evidence tending to prove that the defendant was engaged in fol- lowing ...
... evidence on the part of the state to prove the guilt of the defendant . Still we do not think the court erred in refusing such instruction . The state had offered evidence tending to prove that the defendant was engaged in fol- lowing ...
Page 26
... evidence to prove the negative averment is not peculiarly within the knowledge of the defendant , but is also within the knowledge and control of , or upon reasonable effort and by the exercise of proper diligence may be secured by ...
... evidence to prove the negative averment is not peculiarly within the knowledge of the defendant , but is also within the knowledge and control of , or upon reasonable effort and by the exercise of proper diligence may be secured by ...
Page 27
... evidence , for the purposes of this case , the defendant was not , at the time charged in the infor- mation , legally qualified to practice medicine for compensation in this state ; and , if he did so practice medicine at the times and ...
... evidence , for the purposes of this case , the defendant was not , at the time charged in the infor- mation , legally qualified to practice medicine for compensation in this state ; and , if he did so practice medicine at the times and ...
Page 58
... evidence . The failure to have the assignment acknowl- edged and recorded effectually bars its use as evidence , but , when a case can be made out or is established without such evidence , a judgment of foreclosure should be given . In ...
... evidence . The failure to have the assignment acknowl- edged and recorded effectually bars its use as evidence , but , when a case can be made out or is established without such evidence , a judgment of foreclosure should be given . In ...
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Common terms and phrases
adverse possession affirmed alleged amount answer Appeal from superior appellant assessment attorney authority Bank bonds cause of action certificate charge claim clerk Colo complaint concur contract corporation counsel court of equity creditors debt deceased decree deed defendant demurrer denied dismissed district court entitled evidence execution fact favor fendant filed foreclosure fraud garnishee granted ground held instructions issued judge judgment jurisdiction jury justice Kehl land lien March March 11 March 9 matter ment mortgage motion notice opinion owner paid party payment person petition plaintiff in error pleadings possession proceedings purchase purpose question quiet title railroad reason received record respondent reversed rule statute sufficient suit superior court Supreme Court taxes testimony therein thereof tiff tion Trenoweth trial court trust verdict voir dire Wash wife witness writ
Popular passages
Page 329 - ... all veins, lodes, and ledges throughout their entire depth, the top or apex of which lies inside of such surface lines, extended downward vertically, although such veins, lodes, or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of such surface location.
Page 148 - The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens.
Page 91 - But a mere intruder cannot enter on a person actually seized and eject him, and then question his title or set up an outstanding title in another. The maxim that the plaintiff must recover on the strength of his own title, and not on the weakness of the defendant's, is applicable to all actions for the recovery of property.
Page 285 - The degrees of kindred shall be computed according to the rule of the civil law; and kindred of the half blood shall inherit equally with those of the whole blood, in the same degree, unless the inheritance came to the intestate by descent, devise or gift of some one of his ancestors, in which case all those who are not of the blood of such ancestor shall be excluded from such inheritance.
Page 242 - The General Assembly shall not pass local or special laws in any of the following enumerated cases...
Page 117 - When it appears that the occupant, or those under whom he claims, entered into the possession of the property under claim of title, exclusive of other right, founding such claim upon a written instrument, as being a. conveyance of the property in question...
Page 85 - The writ of mandamus may be denominated the writ of mandate.— 1873-345. 1085. It may be issued by any court, except a justice's or police court, to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station...
Page 407 - Executive and Judicial ; and no person charged with the exercise of powers properly belonging to one of these departments, shall exercise any functions appertaining to either of the others, except in the cases hereinafter expressly directed or permitted.
Page 406 - Bill 9416, that a section of the bill as it finally passed was not in the bill authenticated by the signatures of the presiding officers of the respective houses of Congress, and approved by the President.
Page 179 - In testimony, whereof I, Rutherford B. Hayes, President of the United States of America, have caused these Letters to be made Patent, and the Seal of the General Land Office to be hereunto affixed.