The Pacific Reporter, Volume 27West Publishing Company, 1892 - 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) |
From inside the book
Results 1-5 of 82
Page 20
... jury found for the plaintiff . Held , that as there was some evidence of negli- gence , and as the defendant asked for a reversal only in case of error in law , the judgment should be affirmed . Commissioners ' decision . Department 2 ...
... jury found for the plaintiff . Held , that as there was some evidence of negli- gence , and as the defendant asked for a reversal only in case of error in law , the judgment should be affirmed . Commissioners ' decision . Department 2 ...
Page 67
... jury trial as a mat- ter of right . " Defendant duly excepted and the first point made by appellant is that the court erred in refusing his demand for a jury . We think that the appellant was clearly entitled to a jury ; not only upon ...
... jury trial as a mat- ter of right . " Defendant duly excepted and the first point made by appellant is that the court erred in refusing his demand for a jury . We think that the appellant was clearly entitled to a jury ; not only upon ...
Page 76
... jury found that the contract was as claimed by the defendant ; that appellant's pay was con- tingent upon the fact that the sale should be completed ; and that he ( Day ) should first receive $ 500 in excess of the $ 16,000 he was to ...
... jury found that the contract was as claimed by the defendant ; that appellant's pay was con- tingent upon the fact that the sale should be completed ; and that he ( Day ) should first receive $ 500 in excess of the $ 16,000 he was to ...
Page 94
... jury to find a verdict on an issue not made by the pleadings . This is not a case like those cited by respondent's counsel , where the neglect of duty relied on , and the re- sultant injury , are described with substan- tial accuracy ...
... jury to find a verdict on an issue not made by the pleadings . This is not a case like those cited by respondent's counsel , where the neglect of duty relied on , and the re- sultant injury , are described with substan- tial accuracy ...
Page 95
... jury as follows : " If the jury believes from the evidence that on the afternoon or evening of the day previous to the fall of the bridge in question the same was in safe condition for the passing of trains there- over ; that trains had ...
... jury as follows : " If the jury believes from the evidence that on the afternoon or evening of the day previous to the fall of the bridge in question the same was in safe condition for the passing of trains there- over ; that trains had ...
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Common terms and phrases
affidavit affirmed alleged amended amount answer Appeal from superior appellant appellee application assignment attorney authority bill cause of action Cheyenne county Civil Code claim Code Civil Proc Colo commenced complaint concur contract conveyance conveyed corporation counsel Court of California court of equity creditors damages debt decree deed defendant's demurrer denied district court ditch entitled evidence executed fact fendant filed findings fraud garnishee grant ground held interest issue judge judgment jurisdiction jury justice land lien Lovejoy McHatton ment mortgage motion notice owner paid parties payment person petition plain plaintiff in error pleadings possession premises proceedings purchase purpose question quitclaim deed reason record refused respondent rule statute statute of limitations sufficient superior court Supreme Court testimony therein thereof tiff tion tract trial court trust verdict writ
Popular passages
Page 308 - ... a question of fact for the jury, and not of law for the court.
Page 350 - The granting of a new trial places the parties in the same position as if no trial had been had. All the testimony must be produced anew, and the former verdict cannot be used or referred to, either in evidence or in argument, or be pleaded in bar of any conviction which might have been had under the indictment.
Page 73 - Every mortgage or conveyance intended to operate as a mortgage of goods and chattels which shall hereafter be made which shall not be accompanied by an immediate delivery and followed by an actual and continued change of possession...
Page 401 - No action for the recovery of real property, or for the recovery of the possession thereof, shall be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the premises in question within twenty years before the commencement of such action.
Page 231 - The legislature shall direct by law in what manner and in what courts suits may be brought against the State.
Page 86 - A valuable consideration, in the sense of the law, may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered, or undertaken by the other.
Page 44 - ... jointly and severally liable to the corporation, and to the creditors thereof, in the event of its dissolution, to the full amount of the capital stock so divided...
Page 31 - Procedure; and if such allegation be controverted, the party pleading must establish, on the trial, the facts showing that the cause of action is so barred.
Page 56 - Claims against a trustee by virtue of a contract or by operation of law; 5.
Page 403 - In an action to recover real property, or the possession thereof, the person who establishes a legal title to the premises is presumed to have been possessed thereof, within the time required by law ; and the occupation of the premises, by another person, is deemed to have been under and in subordination to the legal title, unless the premises have been held and possessed adversely to the legal title, for twenty years before the commencement of the action.