The Pacific Reporter, Том 90West Publishing Company, 1907 |
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Страница 5
... DEMURRER - APPEAL- ABLE ORDER . In a action for an accounting , where a de- murrer to the petition is filed and overruled , and afterwards a motion asking the petition to be made more definite and certain is filed and over- ruled , and ...
... DEMURRER - APPEAL- ABLE ORDER . In a action for an accounting , where a de- murrer to the petition is filed and overruled , and afterwards a motion asking the petition to be made more definite and certain is filed and over- ruled , and ...
Страница 6
... demurrer and the motion to make the peti- tion more definite and certain , the appoint- ment of the receiver , the order requiring bond for the payment of the judgment , and the order directing the clerk to approve the bond , as well as ...
... demurrer and the motion to make the peti- tion more definite and certain , the appoint- ment of the receiver , the order requiring bond for the payment of the judgment , and the order directing the clerk to approve the bond , as well as ...
Страница 7
... demurrer , nor , in fact , was the demurrer ever refiled . After- wards , the plaintiff in error objected to the appointment of a receiver , and took his exceptions to the action of the court in mak- ing such appointment , so that the ...
... demurrer , nor , in fact , was the demurrer ever refiled . After- wards , the plaintiff in error objected to the appointment of a receiver , and took his exceptions to the action of the court in mak- ing such appointment , so that the ...
Страница 20
... demurrer had been overruled , a different rule would apply . Al- so , if the trial of the case upon its merits had been had in a short time after the rul- ing on the demurrer , so that the entire case , the ruling on the demurrer and ...
... demurrer had been overruled , a different rule would apply . Al- so , if the trial of the case upon its merits had been had in a short time after the rul- ing on the demurrer , so that the entire case , the ruling on the demurrer and ...
Страница 21
... demurrer than when the ruling , as in this case , is upon a motion . The Supreme Court of Kansas , however , does not make any such distinction , nor can such distinction be made by any fair construction of the statute under ...
... demurrer than when the ruling , as in this case , is upon a motion . The Supreme Court of Kansas , however , does not make any such distinction , nor can such distinction be made by any fair construction of the statute under ...
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A. B. Campbell affirmed alleged amended amount answer appeal assessment authority bond cause of action Cent certificate charged claim Cloud county Code Colo complaint concur constitute contract corporation counsel court of equity damages decree deed defendant in error defendant's demurrer denied district court duty entitled evidence execution fact fendant filed findings held Idaho injunction injury instruction interest issue Judge judgment jury Justice land liability lien ment Mitchell county mortgage motion Note.-For notice objection overruled owner paid pari delicto parties payment person petition plaintiff in error pleadings proceedings purchase purpose question quiet title railroad reason record replevin rule statute sufficient Superior Court Supreme Court surety sustained testimony thereof tiff tion tract trial court trust verdict water right witness writ
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Страница 23 - ... a greater or less compensation for any service rendered, or to be rendered, in the transportation of passengers or property, subject to the provisions of this act, than it charges, demands, collects, or receives from any other person or persons for doing for him or them a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions, such common carrier shall be deemed guilty of unjust discrimination, which is hereby...
Страница 23 - That it shall be unlawful for any common carrier subject to the provisions of this act to make or give any undue or unreasonable preference or advantage to any particular person, company, firm, corporation, or locality, or any particular description of traffic, in any respect whatsoever...
Страница 24 - That if any common carrier subject to the provisions of this act shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect or receive from any person or persons a greater or less compensation...
Страница 115 - Mechanics, material-men, artisans, and laborers of every class shall have a lien upon the property upon which they have bestowed labor or furnished material, for the value of such labor done and material furnished; and the Legislature shall provide, by law, for the speedy and efficient enforcement of such liens.
Страница 358 - Every act shall embrace but one subject, and matters properly connected therewith, which subject shall be expressed in the title.
Страница 24 - That any common carrier subject to the provisions of this act, or, whenever such common carrier is a corporation, any director or officer thereof, or any receiver, trustee, lessee, agent, or person acting for or employed by such corporation...
Страница 39 - ... and other inferior Courts in their respective counties as may be prescribed by law. They shall be always open (legal holidays and non-judicial days excepted), and their process shall extend to all parts of the State; provided, that all actions for the recovery of the possession of, quieting the title to, or for the enforcement of liens upon real estate, shall be commenced in the county in which the real estate, or any part thereof affected by such action or actions, is situated.
Страница 388 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Страница 368 - Now, if the special circumstances under which the contract was actually made, were communicated by the plaintiffs to the defendants, and thus known to both parties, the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances, so known and communicated.
Страница 307 - It exists only in contemplation of law and by force of the law; and where that law ceases to operate, and is no longer obligatory, the corporation can have no existence. It must dwell in the place of its creation, and cannot migrate to another sovereignty.