The Pacific Reporter, Volume 48West Publishing Company, 1897 - Law reports, digests, etc |
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Common terms and phrases
affirmed agreement alleged Alturas county amended amount answer Appeal from superior assignment attorney authority bank Bingham county bond cause of action claim Code Colo complaint concur constitution contest contract corporation coun creditors damages debt decree deed defendant demurrer district court entitled evidence executed fact favor fendant filed foreclosure Fransham Gallatin county held indebtedness indorsement interest issued John Mahnken Judge judgment jurisdiction jury justice land levy liability lien ment Milton Kelly mortgage motion Myrtle Point paid parties payment person petition plaintiff in error Port Townsend possession proceedings promissory note question railroad reason received record recover rendered respondent reversed Roseburg rule sheriff Silver Republican party statute suit superior court Supreme Court testimony thereof tiff tion trial court trust verdict wife witness writ
Popular passages
Page 292 - Nothing herein shall be construed to exempt the real property of associations from either State, county, or municipal taxes, to the same extent, according to its value, as other real property is taxed.
Page 307 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Page 140 - No bill shall contain more than one subject, which shall be clearly expressed in its title, and no law shall be revived or amended unless the new act contain the entire act revived, or the section or sections amended, and the section or sections so amended shall be repealed.
Page 233 - Indian tribes; and that until the title thereto shall have been extinguished by the United States, the same shall be and remain subject to the disposition of the United States...
Page 27 - Judgments heretofore rendered against the person or persons claiming under the contract of war-risk insurance on the ground that the claim was barred by the statute of limitations shall not be a bar to the institution of another suit on the same claim. No State or other statute of limitations shall be applicable to suits filed under this section.
Page 325 - 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 372 - The receiver has, under the control of the court, power to bring and defend actions in his own name, as receiver; to take and keep possession of the property, to receive rents, collect debts, to compound for and compromise the same, to make transfers, and generally to do such acts respecting the property as the court may authorize.
Page 327 - Every trustee, banker, merchant, broker, attorney, agent, assignee in trust, executor, administrator, or collector, or person otherwise intrusted with or having in his control property for the use of any other^ person, who fraudulently appropriates it to any use or purpose not in the due and lawful execution of his trust, or secretes it with a fraudulent intent to appropriate it to such use or purpose, and any contractor who appropriates money paid to him for any use or purpose, other than for that...
Page 326 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page 327 - A statement of the acts constituting the offense, in ordinary and concise language, and in such manner as to enable a person of common understanding to know what is intended.