The Pacific Reporter, Volume 225West Publishing Company, 1924 - Law reports, digests, etc |
From inside the book
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Page 5
... verdict , a new trial should be granted . Appeal from Superior Court , Imperial County ; Franklin J. Cole , Judge . Action by the Southern Pacific Land Com- pany against W. W. Dickerson . Verdict for defendant , and , from an order ...
... verdict , a new trial should be granted . Appeal from Superior Court , Imperial County ; Franklin J. Cole , Judge . Action by the Southern Pacific Land Com- pany against W. W. Dickerson . Verdict for defendant , and , from an order ...
Page 96
... verdict and the special findings . " The motions contained the grounds usually found in motions for new trial , and in addi- tion thereto each motion contained the fol- lowing : " The general verdict is in whole contrary to the evidence ...
... verdict and the special findings . " The motions contained the grounds usually found in motions for new trial , and in addi- tion thereto each motion contained the fol- lowing : " The general verdict is in whole contrary to the evidence ...
Page 135
... verdict and judgment is set out in the notice and motion for new trial , and thereafter , in support of the motion , a bill of exceptions embodying the material testi- mony is before the trial court and considered by it in passing upon ...
... verdict and judgment is set out in the notice and motion for new trial , and thereafter , in support of the motion , a bill of exceptions embodying the material testi- mony is before the trial court and considered by it in passing upon ...
Page 136
... verdict is contrary to the evidence may be considered and determined , providing a specification of the particulars in which the evidence is insufficient to sustain the verdict is made in appellant's brief filed in the Su- preme Court ...
... verdict is contrary to the evidence may be considered and determined , providing a specification of the particulars in which the evidence is insufficient to sustain the verdict is made in appellant's brief filed in the Su- preme Court ...
Page 163
... verdict of the jury , if there is any evidence tending to support the verdict , but that expression must not be given too literal , technical , and strict an interpreta- tion , else it may be given a construction that will be an ...
... verdict of the jury , if there is any evidence tending to support the verdict , but that expression must not be given too literal , technical , and strict an interpreta- tion , else it may be given a construction that will be an ...
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Common terms and phrases
affirmative defense affirmed agent agreement alleged amended amount Appeal from Superior appellant April assignment attorney bank cause of action charge claim commission complaint concur contract corporation creditors damages decree deed defendant in error defendant's demurrer dence denied Digests and Indexes District Court entitled evidence executed facts fendant filed fraud held Idaho Indexes 225 instructions issue Judge judgment jury Key-Numbered Digests land liability lien Los Mochis lumber ment mortgage motion Nancy Walling negligence Oklahoma opinion owner paid parties payment person petition plaintiff in error pleadings possession proceedings purchase question reason record 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 trial court verdict Wash wife witness
Popular passages
Page 269 - An action upon a liability created by statute, other than a penalty or forfeiture. 2. An action for trespass upon real property. 3. An action for taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property.
Page 422 - A discharge in bankruptcy shall release a bankrupt from all of his provable debts...
Page 315 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.
Page 285 - Of whose true-fix'd and resting quality There is no fellow in the firmament.
Page 418 - ... 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 313 - 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 393 - Although the defendant's negligence may have been the primary cause of the injury complained of, yet an action for such injury cannot be maintained if the proximate and immediate cause of the injury can be traced to the want of ordinary care and caution in the person injured, subject to this qualification, which has grown up in recent years (having been first enunciated in Davies v.
Page 418 - Where the action is against two or more defendants, and the summons is served on one or more, but not on all of them, the plaintiff may proceed as follows: 1.
Page 127 - 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 271 - Where a section or part of a statute is amended, it is not to be considered as having been repealed and re-enacted In the amended form; but the portions which are not altered are to be considered as having been the law from the time when they were enacted, and the new provisions are to be considered as having been enacted at the time of the amendment.