The Pacific Reporter, Том 57West Publishing Company, 1899 |
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Страница viii
... DAMAGES FOR APPEAL WITHOUT MERIT . If the court is satisfied from the record , and the presentation of the appeal ... damage will be assessed , on determina- tion thereof , as from the circumstances is deemed proper , to discourage the ...
... DAMAGES FOR APPEAL WITHOUT MERIT . If the court is satisfied from the record , and the presentation of the appeal ... damage will be assessed , on determina- tion thereof , as from the circumstances is deemed proper , to discourage the ...
Страница 36
... damages for his injuries , and it was held : " ( 1 ) That the railroad company was not liable for negligence of its servants on the freight train to give signals of its approach , as such negligence , if it existed , was the negligence ...
... damages for his injuries , and it was held : " ( 1 ) That the railroad company was not liable for negligence of its servants on the freight train to give signals of its approach , as such negligence , if it existed , was the negligence ...
Страница 43
... DAMAGES . 1. Authority , without restriction , to an agent to sell flour , to be manufactured for the pur- chaser , carries with it authority to warrant that it shall be equal , when manufactured , to certain brands made by another ...
... DAMAGES . 1. Authority , without restriction , to an agent to sell flour , to be manufactured for the pur- chaser , carries with it authority to warrant that it shall be equal , when manufactured , to certain brands made by another ...
Страница 44
... damage on account of an advance in the market . The flour was delivered so that the defendant had the benefit of the ad- vance , if there was one . The rule of damages is the difference be- tween the actual value and what its value ...
... damage on account of an advance in the market . The flour was delivered so that the defendant had the benefit of the ad- vance , if there was one . The rule of damages is the difference be- tween the actual value and what its value ...
Страница 51
... DAMAGES . 1. The consideration of a mining lease was a royalty on the coal mined and an agreement of the lessee to withhold pay of its employés to cover goods sold them by the lessor should he open a store on the land . Held that ...
... DAMAGES . 1. The consideration of a mining lease was a royalty on the coal mined and an agreement of the lessee to withhold pay of its employés to cover goods sold them by the lessor should he open a store on the land . Held that ...
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affidavit affirmed alimony alleged amendment amount answer appeal appellant assessment attorney authority bank bond cause of action charge claim Code Colo complaint constitution contract corporation coun counsel creditors damages decree defendant in error defendant's demurrer denied dismissed district court duty entitled evidence execution fact fendant filed granted Grantsville held Idaho issue judge judgment jurisdiction jury justice Klamath Falls land Latah county lease lien ment mortgage motion overruled paid parties payment person petition plain plaintiff in error pleadings possession probate court proceedings question Railroad Railroad Co reason record recover refused rendered replevin respondent reversed rule Shawnee county statute statute of limitations superior court Supreme Court sureties sustained testified testimony thereof tiff tion trial court trust Utah verdict void wife witness writ
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Страница 412 - ... upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect...
Страница 63 - ... if the interest of the insured be other than unconditional and sole ownership; or if the subject of insurance be a building on ground not owned by the insured in fee simple; or if the subject of insurance be personal property and be or become incumbered by a chattel mortgage...
Страница 417 - All criminal prosecutions and penal actions which may have arisen, or which may arise before the change from a territorial to a state government, and which shall then be pending, shall be prosecuted to Judgment and execution In the name of the state.
Страница 201 - In charging the jury the court may state to them all matters of law which it thinks necessary for their information in giving their verdict; and, if it state the testimony of the case, it must inform the jury that they are the exclusive judges of all questions of fact.
Страница 341 - ... and mileage at the rate of ten cents per mile for each mile necessarily traveled each way to and from each session of the legislative assembly.
Страница 70 - 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 418 - The rule of the common law, that penal statutes are to be strictly construed, has no application to this code. All its provisions are to be construed according to the fair import of their terms, with a view to effect its objects and to promote justice.
Страница 24 - The Fourteenth Amendment does not profess to secure to all persons in the United States the benefit of the same laws and the same remedies. Great diversities in these respects may exist in two States separated only by an imaginary line. On one side of this line there may be a right of trial by jury, and on the other side no such right. Each State prescribes its own modes of judicial proceeding.
Страница 289 - To exercise, by its board of directors, or duly authorized officers or agents, subject to law, all such incidental powers as shall be necessary to carry on the business of banking ; by discounting and negotiating promissory notes, drafts, bills of exchange, and other evidences of debt; by receiving deposits; by buying and selling exchange, coin, and bullion ; by loaning money on personal security ; and by obtaining, issuing, and circulating notes according to the provisions of this Title.
Страница 5 - It is admitted that the power of taxing the people and their property is essential to the very existence of government, and may be legitimately exercised on the objects to which it is applicable to the utmost extent to which the government may choose to carry it.