The Pacific Reporter, Том 51West Publishing Company, 1898 "Comprising all the decisions of the Supreme Courts of California, Kansas, Oregon, Washington, Colorado, Montana, Arizona, Nevada, Idaho, Wyoming, Utah, New Mexico, Oklahoma, District Courts of Appeal and Appellate Department of the Superior Court of California and Criminal Court of Appeals of Oklahoma." (varies) |
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Страница 30
... petition averments of substantial facts presenting a federal question . The mere naked averment of a conclusion of law that a defendant is so illegally restrained is not suf- ficient to confer jurisdiction . Where jurisdic- tion has not ...
... petition averments of substantial facts presenting a federal question . The mere naked averment of a conclusion of law that a defendant is so illegally restrained is not suf- ficient to confer jurisdiction . Where jurisdic- tion has not ...
Страница 31
... petition to the district court , his ap- peal to the supreme court of the United States unquestionably operated as a stay ( In re Shi- buya Jugirs , 140 U. S. 291 , 11 Sup . Ct . 770 ) ; and the acting warden was not in contempt of the ...
... petition to the district court , his ap- peal to the supreme court of the United States unquestionably operated as a stay ( In re Shi- buya Jugirs , 140 U. S. 291 , 11 Sup . Ct . 770 ) ; and the acting warden was not in contempt of the ...
Страница 32
... petition forming the basis of that order presents a federal question . Hence , the vital issue , and the only issue , before this court , is : Was there such federal question presented to that court ? This court is now passing upon the ...
... petition forming the basis of that order presents a federal question . Hence , the vital issue , and the only issue , before this court , is : Was there such federal question presented to that court ? This court is now passing upon the ...
Страница 40
... petition for the final distribution of said es- tate . The petition was set for hearing on the 1st day of May , 1893 ; notice thereof duly given as required by law ; and on said 1st day of May , 1893 , the hearing of said peti- tion was ...
... petition for the final distribution of said es- tate . The petition was set for hearing on the 1st day of May , 1893 ; notice thereof duly given as required by law ; and on said 1st day of May , 1893 , the hearing of said peti- tion was ...
Страница 51
... petition , purporting to be a copy of the certificate , disclose an indorsement . The con- tention of the plaintiff in error is that the fail- ure of the petition to allege that at the time the certificate was presented and payment de ...
... petition , purporting to be a copy of the certificate , disclose an indorsement . The con- tention of the plaintiff in error is that the fail- ure of the petition to allege that at the time the certificate was presented and payment de ...
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affirmed agent alleged amended amount Appeal from superior appellant Arapahoe county assessment assignment attorney authority bank bond cause of action claim Cloud county Code Colo complaint concur constitution contract corporation counsel county treasurer creditors decree deed defendant in error demurrer denied district court evidence execution fact fendant filed foreclosure held Idaho indorsed interest Inyo county issued Judge Green judgment jurisdiction jury Kansas King county land lien lumber ment mortgage motion notice overruled paid parties payment person petition plaintiff in error pleadings poll tax possession proceedings promissory note purchase question reason receiver record refused respondent reversed rule Shoshone county statute Steiguer stockholders suit superior court Supreme Court sustained testimony thereof tiff tion trial court trust void witness writ writ of assistance
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Страница 223 - 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...
Страница 392 - Where parties, without any fraud or mistake, have deliberately put their engagements in writing, the law declares the writing to be not only the best, but the only, evidence of their agreement.
Страница 270 - ... provide for a mode of confirming or contesting the charge thus imposed, in the ordinary courts of justice, with such notice to the person, or such proceeding in regard to the property as is appropriate to the nature of the case, the judgment in such proceedings cannot be said to deprive the owner of his property without due process of law, however obnoxious it may be to other objections.
Страница 439 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants...
Страница 387 - Absolute safety is unattainable, and employers are not insurers. They are liable for the consequences, not of danger, but of negligence ; and the unbending test of negligence in methods, machinery, and appliances is the ordinary usage of the business. No man is held by law to a higher degree of skill than the fair average of his profession or trade, and the standard of due care is the conduct of the average prudent man.
Страница 4 - There can be but one action for the recovery of any debt, or the enforcement of any right secured by mortgage upon real estate or personal property, which action must be in accordance with the provisions of this chapter.
Страница 213 - The presiding officer of each House shall, in the presence of the House over which he presides, sign all bills and joint resolutions passed by the General Assembly, after their titles have been publicly read immediately before signing ; and the fact of signing shall be entered on the journal.
Страница 405 - By consent of the parties, entered of record, the cause was tried by the court without the intervention of a jury. The court found...
Страница 156 - No private property shall be taken or damaged for public or private use without just compensation having been first made, or paid into court for the owner...
Страница 148 - ... and every other interest shall be as effectually the property of the new corporation as they were of the former corporations, parties to...