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accord and satisfaction affirmed alleged amendment amount Appeal and Error appellant Atoka county attorney bank bonds broom corn case-made cause of action Cent claim clerk Code complaint Constitution contract corporation counsel Criminal Criminal Law damages decree deed defendant in error defendant's demurrer dence Digests and Indexes dismissed District Court entitled evidence executed fact fendant filed held instruction interest issue Judge judgment jurisdiction jury Key-Numbered Digests King County land lease lien ment mortgage motion Municipal Corporations Note.—For notice Oklahoma owner Pacific county paid party payment person petition Pierce county plaintiff in error pleading possession premises proceedings purchase question reason record refused respondent rule statute street superior court Supreme Court testified testimony thereof tiff tion topic and KEY-NUMBER transcript trial court trust Wash witness writ
Side 336 - The writ of mandamus may be denominated the writ of mandate.— 1873-345. 1085. It may be issued by any court, except a justice's or police court, to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station...
Side 278 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers, and no others : first, those granted in express words ; second, those necessarily or fairly implied in, or incident to, the powers expressly granted: third, those essential to the accomplishment of the declared objects and purposes of the corporation — not simply convenient, but indispensable.
Side 285 - Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, and it appears that the buyer relies on the seller's skill or judgment (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be reasonably fit for such purpose...
Side 72 - The trustee of the estate of a bankrupt, upon his appointment and qualification, . . . shall ... be vested, by operation of law, with the title of the bankrupt, as of the date he was adjudged a bankrupt...
Side viii - ... the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or of officers generally, of the government of the United States...
Side 419 - Provided, That an article of food which does not contain any added poisonous or deleterious ingredients shall not be deemed to be adulterated or misbranded in the following cases: First.
Side 292 - Where a negotiable instrument is materially altered without the assent of all parties liable thereon, it is avoided, except as against a party who has himself made, authorized or assented to the alteration, and subsequent indorsers. But when an instrument has been materially altered and is in the hands of a holder in due course, not a party to the alteration, he may enforce payment thereof according to its original tenor.
Side 252 - It is broad enough to include every instance in which one party pays a debt for which another is primarily answerable, and which, in equity and good conscience, should have been discharged by the latter...
Side 249 - A husband and wife cannot, by any contract with each other, alter their legal relations, except as to property, and except that they may agree, in writing, to an immediate separation, and may make provision for the support of either of them and of their children during such separation.