The Pacific Reporter, Volum 171West Publishing Company, 1918 |
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Side 11
... motion is not ab- stracted . The defendant filed a motion for judgment pursuant to the referee's report . On November 8 , 1916 , the court denied the plaintiff's motion , granted the defendant's motion , and rendered judgment for the de ...
... motion is not ab- stracted . The defendant filed a motion for judgment pursuant to the referee's report . On November 8 , 1916 , the court denied the plaintiff's motion , granted the defendant's motion , and rendered judgment for the de ...
Side 12
... motion because it was not filed in time . If the motion had been granted , the presumption would be the delay was ex- cused , presumptions being indulged to uphold , but not to defeat , judgments . However , no appeal was taken from the ...
... motion because it was not filed in time . If the motion had been granted , the presumption would be the delay was ex- cused , presumptions being indulged to uphold , but not to defeat , judgments . However , no appeal was taken from the ...
Side 22
... MOTION . The failure of the plaintiff to attach to his petition a copy of the written instrument upon which his cause of action is founded cannot be reached by demurrer , but should be challenged by motion , where the petition is ...
... MOTION . The failure of the plaintiff to attach to his petition a copy of the written instrument upon which his cause of action is founded cannot be reached by demurrer , but should be challenged by motion , where the petition is ...
Side 46
... motion for a new trial alleging the insufficiency of the evidence , although there has been no demurrer to the evidence or request for judgment for the defend- ant . Commissioners ' Opinion , Division No. 1 . Error from County Court ...
... motion for a new trial alleging the insufficiency of the evidence , although there has been no demurrer to the evidence or request for judgment for the defend- ant . Commissioners ' Opinion , Division No. 1 . Error from County Court ...
Side 47
... motion , to set it aside and grant a McCoy & Spivey Bros. , 32 Okl . 277 , 122 Pac . new trial . " Ingram et al . v ... motion for a new trial based upon the insufficiency of the evidence . " Where the evidence in a cause is insufficient ...
... motion , to set it aside and grant a McCoy & Spivey Bros. , 32 Okl . 277 , 122 Pac . new trial . " Ingram et al . v ... motion for a new trial based upon the insufficiency of the evidence . " Where the evidence in a cause is insufficient ...
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affirmed alleged amended amount appellant application bank bills of lading cause of action cents charge claim Colo commission complaint concur Constitution contention contract corporation counsel Craig county creek deceased decree deed defendant defendant's demurrer denied Denver determination Digests and Indexes district court duty Ed Harrison employé entitled evidence execution fact favor fendant filed fraud held injury instructions interest issue Judge judgment jurisdiction jury Key-Numbered Digests land ment mortgage motion MUNICIPAL CORPORATIONS negligence opinion paid parties payment person petition petitioner plaintiff in error pleadings proceeding purchase question quiet title quitclaim deed real property reason recover rehearing respondent rule sion statute street sufficient suit Superior Court Supreme Court sustained testimony thereof tiff tion topic and KEY-NUMBER trial court verdict Walsenburg witness writ
Populære avsnitt
Side 120 - The cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
Side 126 - ... attending at any place where any such person or persons may lawfully be, for the purpose of peacefully obtaining or communicating information, or from peacefully persuading any person to work or to abstain from working; or from ceasing to patronize or to employ any party to such dispute, or from recommending, advising, or persuading others by peaceful and lawful means so to do...
Side 218 - Immediate delivery and followed by an actual and continued change of possession of the things mortgaged, shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers and mortgagees In good faith...
Side 399 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must then order them to be brought in...
Side 44 - ... all such public service, facilities, and conveniences as may be reasonable and just, which said rates, charges, classifications, rules, regulations, and requirements the commission may, from time to time, alter or amend.
Side 193 - An agreement that by its terms is not to be performed within a year from the making thereof; 2.
Side 394 - Every act shall embrace but one subject, and matters properly connected therewith; which subject shall be expressed in the title. But if any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
Side 18 - No judgment shall be set aside or new trial granted in any cause, civil or criminal, on the ground of misdirection of the jury or the improper admission or rejection of evidence, or for error as to any matter of pleading or procedure unless, in the opinion of the court to which the application is made, after an examination of the entire cause, it shall affirmatively appear that the error complained of has resulted in a miscarriage of justice.
Side 258 - Actions for the recovery of any property, real or personal, or for the possession thereof, or to quiet title thereto, or to determine any adverse claim "thereon, and all actions founded upon contracts, may be maintained by and against executors and administrators in all cases in which the same might have been maintained by or against their respective testators or intestates.
Side 13 - ... be discharged from all debts and claims which are made provable by said acts against his estate, and which existed on the day of , AD 189 — , on which day the petition for adjudication was filed him; excepting such debts as are by law excepted from the operation of a discharge in bankruptcy.