The Pacific Reporter, Volum 153West Publishing Company, 1916 "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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Side 5
... determine whether the parties intended the stipulation as more than a penalty clause . we have italicized features now pertinent : The contract had also a provision of 25 cents per hundred on Heady's separate bar- ber shop work , which ...
... determine whether the parties intended the stipulation as more than a penalty clause . we have italicized features now pertinent : The contract had also a provision of 25 cents per hundred on Heady's separate bar- ber shop work , which ...
Side 6
... determined upon its own facts . A case not greatly dissimilar is Yatsuyanagi v . Shima- mura , 59 Wash . 24 , 109 ... determining the ques- tion . " [ 5 ] And it is a fallacious test , that of ease of ascertaining the damages , one never ...
... determined upon its own facts . A case not greatly dissimilar is Yatsuyanagi v . Shima- mura , 59 Wash . 24 , 109 ... determining the ques- tion . " [ 5 ] And it is a fallacious test , that of ease of ascertaining the damages , one never ...
Side 7
... determine what would have been best for them to do , who was least sagacious , or who drove the best bargain ... determined by evidence . This last is true , but , as all secondhand machines such as pianos and automobiles can have an ...
... determine what would have been best for them to do , who was least sagacious , or who drove the best bargain ... determined by evidence . This last is true , but , as all secondhand machines such as pianos and automobiles can have an ...
Side 13
... determine anty of jury trial . All courts agree that circumstances of the particular case . I do not the time necessary for cooling is a reason- able time . The question of reasonable time is always a conclusion to be drawn from all of ...
... determine anty of jury trial . All courts agree that circumstances of the particular case . I do not the time necessary for cooling is a reason- able time . The question of reasonable time is always a conclusion to be drawn from all of ...
Side 24
... determined does not affect the ques- tion . If the state alone may raise the ques- tion or permit it to be raised , it may also directly determine not to raise it , or do so We concur : ANGELLOTTI , C. J .; SLOSS , indirectly by failing ...
... determined does not affect the ques- tion . If the state alone may raise the ques- tion or permit it to be raised , it may also directly determine not to raise it , or do so We concur : ANGELLOTTI , C. J .; SLOSS , indirectly by failing ...
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Populære avsnitt
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.
Side 334 - To divide, withdraw, or in any manner pay to the stockholders or any of them, any part of the capital stock of the corporation; or to reduce such capital stock without the consent of the legislature; or, 3.