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action affirmed alleged allowed amended amount answer appeal application authority bank cause charge claim Code Commission Company complaint condition Constitution contention contract corporation damages death deed defendant denied determine direct District Court duty effect entitled error evidence examination execution fact fendant filed follows further give given granted ground held injury instruction interest issue Judge judgment jurisdiction jury Key-Numbered land lease machine matter ment motion necessary negligence notice objection operation opinion owner paid parties payment person petition plaintiff pleading possession present probate proceeding purchase question reason received record refused relation respondent result rule statute sufficient Supreme Court sustained testified testimony thereof tion trial court vein Wash witness York
Side 287 - States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and of all veins, lodes and ledges throughout their entire depth, the top or apex of which lies inside of such surface lines extended downward vertically, although such veins, lodes, or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of such surface locations.
Side 118 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law. it possesses only those properties which the charter of its creation confers upon it, either expressly, or as incidental to its very existence.
Side 435 - An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. § 3. Every other remedy is a special proceeding.
Side 144 - In pleading the performance of conditions precedent in a contract, it shall not be necessary to state the facts showing such performance ; but it may be stated generally that the party duly performed all the conditions on his part...
Side 266 - An indictment, information, or complaint may charge two or more different offenses connected together in their commission, or different statements of the same offense or two or more different offenses of the same class of .crimes or offenses under separate counts...
Side 86 - Where the variance is not material, as provided in the last section, the court may direct the fact to be found according to the evidence or may order an immediate amendment, without costs.
Side 176 - When a will has been admitted to probate, any person interested may, at any time within one year after such probate, contest the same or the validity of the will. For that purpose he must file in the court in which the will was proved, a petition in writing, containing his allegations against the validity of the will or against the sufficiency of the proof, and praying that the probate may be revoked.
Side 261 - ... no person shall be disqualified as a juror by reason of having formed or expressed an opinion upon the matter or cause to be submitted to such jury, founded upon public rumor, statements in public journals, or common notoriety; provided it appear to the Court, upon his declaration, under oath or otherwise, that he can and will, notwithstanding such an opinion, act impartially and fairly upon the matters to be submitted to him.