The Pacific Reporter, Volume 27West Publishing Company, 1892 - Law reports, digests, etc |
From inside the book
Results 1-5 of 75
Page v
If the transcript of the record is not filed within the time prescribed , the appeal may be dismissed , on motion , upon satisfactory evidence of such omission . A cause so dismissed may be restored during the same term , upon good ...
If the transcript of the record is not filed within the time prescribed , the appeal may be dismissed , on motion , upon satisfactory evidence of such omission . A cause so dismissed may be restored during the same term , upon good ...
Page vi
the cause of action survive or continue , | petition verified by the oath of the party upon motion of the legal or personal representative of such party or any party to the record , an order shall be made substituting such ...
the cause of action survive or continue , | petition verified by the oath of the party upon motion of the legal or personal representative of such party or any party to the record , an order shall be made substituting such ...
Page 4
Motion for new trial . Motion overruled , and appeal from the order overruling motion for new trial and judg . ment . There is no question of law that needs comment in this case . After careful examination , we think the evidence ...
Motion for new trial . Motion overruled , and appeal from the order overruling motion for new trial and judg . ment . There is no question of law that needs comment in this case . After careful examination , we think the evidence ...
Page 5
On the hearing of the case the respondent's counsel contended that this court had no jurisdiction of the appeal from the order denying defendant's motion for a new trial , or from the judgment , on the ground that no undertaking on ...
On the hearing of the case the respondent's counsel contended that this court had no jurisdiction of the appeal from the order denying defendant's motion for a new trial , or from the judgment , on the ground that no undertaking on ...
Page 6
The undertaking , filed April 22 , 1891 , on appeal from the order denying defendant's motion for a new trial , was not authorized by section 3650 | of the Compiled Laws of 1888 , which provides : " If the appellant fails to furnish the ...
The undertaking , filed April 22 , 1891 , on appeal from the order denying defendant's motion for a new trial , was not authorized by section 3650 | of the Compiled Laws of 1888 , which provides : " If the appellant fails to furnish the ...
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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.