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 3
... plaintiff purchased the land in question that no liability could exist on account of the construction or maintenance of the same , even if a proper allegation had been made . ( St. Louis & S. W. R. R. Co. v . Long , 52 Tex . Civ . App ...
... plaintiff purchased the land in question that no liability could exist on account of the construction or maintenance of the same , even if a proper allegation had been made . ( St. Louis & S. W. R. R. Co. v . Long , 52 Tex . Civ . App ...
Страница 6
... plaintiff and runs in a northwesterly direction to Boise river , and is the natural drainage channel for said basin . The land of the plaintiff is located in the Pioneer Irri- gation District and is irrigated from the Phyllis canal ...
... plaintiff and runs in a northwesterly direction to Boise river , and is the natural drainage channel for said basin . The land of the plaintiff is located in the Pioneer Irri- gation District and is irrigated from the Phyllis canal ...
Страница 8
... plaintiff a sure remedy by injunction , and that the only practical remedy for injury from under- ground seepage waters resulting from the lawful use of water for irrigation is by drainage . The amended complaint charges a trespass by ...
... plaintiff a sure remedy by injunction , and that the only practical remedy for injury from under- ground seepage waters resulting from the lawful use of water for irrigation is by drainage . The amended complaint charges a trespass by ...
Страница 11
... plaintiff irreparable in- jury and great damage and loss . " The theory of the trial court evidently was that because the irrigation district owned , maintained and operated said canal system , and that Dewey personally turned some ...
... plaintiff irreparable in- jury and great damage and loss . " The theory of the trial court evidently was that because the irrigation district owned , maintained and operated said canal system , and that Dewey personally turned some ...
Страница 13
... plaintiff , they cannot be held jointly liable for the acts of each other . " In the case at bar , the result of the destruction of plaintiff's land and orchard trees by seepage from the defendants ' irri- gation system and from seepage ...
... plaintiff , they cannot be held jointly liable for the acts of each other . " In the case at bar , the result of the destruction of plaintiff's land and orchard trees by seepage from the defendants ' irri- gation system and from seepage ...
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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
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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...