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) |
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Results 1-5 of 76
Page 4
... suit for money had and received by the defendants to the use of the plaintiff . Trial by court , jury waived . Findings and judgment for the plaintiff . Motion for new trial . Motion overruled , and appeal from the order overruling ...
... suit for money had and received by the defendants to the use of the plaintiff . Trial by court , jury waived . Findings and judgment for the plaintiff . Motion for new trial . Motion overruled , and appeal from the order overruling ...
Page 13
... Suit in equity to enjoin and restrain the defendant , George Rizor , from diverting the waters of Alder creek , a natural water- course which runs through the lands of both parties to this suit . J. L. Rand , for appellant . M. L. Olm ...
... Suit in equity to enjoin and restrain the defendant , George Rizor , from diverting the waters of Alder creek , a natural water- course which runs through the lands of both parties to this suit . J. L. Rand , for appellant . M. L. Olm ...
Page 56
... suit between the parties , and for fraud , malice , and oppres- sion , cannot be joined , since they do not all be- long to any one of the enumerated classes . 2. A complaint alleging a cause of action based on fraud , which does not ...
... suit between the parties , and for fraud , malice , and oppres- sion , cannot be joined , since they do not all be- long to any one of the enumerated classes . 2. A complaint alleging a cause of action based on fraud , which does not ...
Page 60
... suit in its own name . Department 1. Appeal from superior court , Santa Clara County ; F. E. SPEN- . CER , Judge . Laine & Hatch , for appellants . J. B. Lamar , for respondent . GAROUTTE , J. The plaintiff , claiming to be the owner ...
... suit in its own name . Department 1. Appeal from superior court , Santa Clara County ; F. E. SPEN- . CER , Judge . Laine & Hatch , for appellants . J. B. Lamar , for respondent . GAROUTTE , J. The plaintiff , claiming to be the owner ...
Page 63
... suit on a certain contract it is compe- tent for plaintiff to show that he signed a written contract , introduced in evidence by defendant , through the misrepresentation of defendant , and supposing he was signing one which had been ...
... suit on a certain contract it is compe- tent for plaintiff to show that he signed a written contract , introduced in evidence by defendant , through the misrepresentation of defendant , and supposing he was signing one which had been ...
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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.