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 42
... considered most desirable , and I hereby claim the right to enlarge said ditches or flumes . or to repair the same whenever or wherever such may be necessary or to change location of same . ' This appropriation was by Roush transferred ...
... considered most desirable , and I hereby claim the right to enlarge said ditches or flumes . or to repair the same whenever or wherever such may be necessary or to change location of same . ' This appropriation was by Roush transferred ...
Страница 78
... considered such reasons at the suggestion of the party resisting such motion , and that they were unknown to the moving party until the date of argument on the motion , and that the moving party showed due diligence in en- deavoring to ...
... considered such reasons at the suggestion of the party resisting such motion , and that they were unknown to the moving party until the date of argument on the motion , and that the moving party showed due diligence in en- deavoring to ...
Страница 81
... considered by the judge nevertheless . He thereafter denied plaintiff's motion to correct the return of service , and sustained defendant's motion to set aside the de- Idaho , Vol . 27-6 Opinion of the Court - Davis , District Judge ...
... considered by the judge nevertheless . He thereafter denied plaintiff's motion to correct the return of service , and sustained defendant's motion to set aside the de- Idaho , Vol . 27-6 Opinion of the Court - Davis , District Judge ...
Страница 82
... considered the circumstances affecting the service and that this court may also properly determine whether or not the clerk had author- ity to enter such default at the time it was entered , although the motion to set aside the default ...
... considered the circumstances affecting the service and that this court may also properly determine whether or not the clerk had author- ity to enter such default at the time it was entered , although the motion to set aside the default ...
Страница 84
... considered and held to not support the contention that appellant and respondent are co - owners of the irri- gation system ; that appellant's ownership of said system is estab- lished by the evidence , and that respondent is the owner ...
... considered and held to not support the contention that appellant and respondent are co - owners of the irri- gation system ; that appellant's ownership of said system is estab- lished by the evidence , and that respondent is the owner ...
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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...