Reports of Cases Argued and Determined in the Supreme Court of the State of Idaho, Том 27West Publishing Company, 1915 Vols. 1-2 contain cases before the Supreme Court of the Territory of Idaho. |
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Страница 2
... clearly was to the effect that the jury had the right to award exemplary damages and not only against one defendant , but against both , and permitted them to jointly assess the exemplary damages , although each defendant acted ...
... clearly was to the effect that the jury had the right to award exemplary damages and not only against one defendant , but against both , and permitted them to jointly assess the exemplary damages , although each defendant acted ...
Страница 11
... clearly error for the court to admit such testimony for any purpose whatever . The plaintiff should not be per- mitted to include as a joint tort - feasor one whose relation to the alleged trespass could not be joined , since he was not ...
... clearly error for the court to admit such testimony for any purpose whatever . The plaintiff should not be per- mitted to include as a joint tort - feasor one whose relation to the alleged trespass could not be joined , since he was not ...
Страница 16
... clearly shows that the floods occurring in the winter season were quite a common occurrence prior to the period charged in the com- plaint , yet it is not claimed that the plaintiff's orchard suf- fered any injury from them . That ...
... clearly shows that the floods occurring in the winter season were quite a common occurrence prior to the period charged in the com- plaint , yet it is not claimed that the plaintiff's orchard suf- fered any injury from them . That ...
Страница 22
... clearly error . It should be remembered that the channel of Mason creek runs through Lake Ethel reservoir , and when great natural floods came down said channel , the manager of the district en- deavored to have the water pass with the ...
... clearly error . It should be remembered that the channel of Mason creek runs through Lake Ethel reservoir , and when great natural floods came down said channel , the manager of the district en- deavored to have the water pass with the ...
Страница 23
... clearly error , since the evidence clearly shows that the defendant Dewey personally had nothing to do with the construction , maintenance or operation of said canal , and could not be held liable for the faulty construction thereof or ...
... clearly error , since the evidence clearly shows that the defendant Dewey personally had nothing to do with the construction , maintenance or operation of said canal , and could not be held liable for the faulty construction thereof or ...
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Чести термини и фразе
Ada county affidavit alleged amended amount appellant appellant's application appointment appropriation attorney authority bank Bingham county Boise City Budge charged claim Codes Company complaint concur constitution construction contended contract corporation counsel Court-Budge Court-Morgan Court-Sullivan damages deed default defendant demurrer denied district court ditch duty eminent domain error evidence facts filed fund granted held horticultural Idaho injury intended intoxicating liquors irrigation irrigation district Judge judgment Judicial District jurisdiction jury Kootenai county land Latah county legislature lien Lumber Mason creek ment motion Nampa Nez Perce county notice Opinion owner party payment permit person plaintiff Points Decided prior proceedings prohibition prosecuting provisions of sec purchase purpose question quiet title reason record reservoir respondent rule Sess Shoshone county statute sufficient Sullivan supra sustained testified testimony thereof tion trial court water right witness writ
Популарни одломци
Страница 398 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Страница 676 - If, therefore, a statute purporting to have been enacted to protect the public health, the public morals, or the public safety, has no real or substantial relation to those objects, or is a palpable invasion of rights secured by the fundamental law, it is the duty of the courts to so adjudge, and thereby give effect to the constitution.
Страница 678 - To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may at any time be passed by those intended to be restrained ? The distinction between a government with limited and unlimited powers is abolished if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed are of equal obligation.
Страница 754 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Страница 742 - ... and the fact appears by affidavit, to the satisfaction of the court, or a judge thereof, and it also appears, by such affidavit, or by the verified complaint on file, that a cause of action exists against the defendant in respect to whom the service is to be made...
Страница 347 - The defendant may demur to the complaint within the time required in the summons to answer, when it appears upon the face thereof, either: 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action ; or, 2.
Страница 678 - This does not confer power upon the whole people to control rights which are purely and exclusively private, but it does authorize the establishment of laws requiring each citizen to so conduct himself, and so use his own property, as not unnecessarily to injure another.
Страница 730 - In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
Страница 655 - The General Assembly shall not pass local or special laws in any of the following enumerated cases, that is to say : Regulating the jurisdiction and duties of justices of the peace and of constables; For the punishment of crimes and misdemeanors; Regulating the practice in courts of justice...
Страница 428 - Now, therefore, in consideration of the premises and the sum of one dollar and other...