The Pacific Reporter, Volum 176West Publishing Company, 1919 |
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Side 14
... payment of the cost , relieve a party from a judgment taken against him through his mistake , inadvert - a conspiracy to defraud plaintiff , received ence , surprise , or excusable neglect . The facts in the case are not disputed , and ...
... payment of the cost , relieve a party from a judgment taken against him through his mistake , inadvert - a conspiracy to defraud plaintiff , received ence , surprise , or excusable neglect . The facts in the case are not disputed , and ...
Side 17
... payment of interest on the part of Jones and wife at the time of the commencement of this action , entitling the Investment Company to declare the whole indebtedness due . The foreclosure was resisted by Jones and wife , claiming that ...
... payment of interest on the part of Jones and wife at the time of the commencement of this action , entitling the Investment Company to declare the whole indebtedness due . The foreclosure was resisted by Jones and wife , claiming that ...
Side 19
... payment of interest ; and also ex- ecuted and delivered to the Investment Com- pany a first mortgage upon the property , se- curing the same . At the same time a con- tract was entered into between the Invest- ment Company and the ...
... payment of interest ; and also ex- ecuted and delivered to the Investment Com- pany a first mortgage upon the property , se- curing the same . At the same time a con- tract was entered into between the Invest- ment Company and the ...
Side 37
... payment of money . At com- mon law a seal was necessary in order to create the presumption that an executory contract was founded upon a valuable con- sideration , and therefore , if it was not under seal , the rule of pleading was that ...
... payment of money . At com- mon law a seal was necessary in order to create the presumption that an executory contract was founded upon a valuable con- sideration , and therefore , if it was not under seal , the rule of pleading was that ...
Side 38
... payment of any obligation to him , this fact alone , without any order to his executors to pay , would , in law , raise an implied promise by him to pay her for the benefit so received , and would be a sufficient foundation for a claim ...
... payment of any obligation to him , this fact alone , without any order to his executors to pay , would , in law , raise an implied promise by him to pay her for the benefit so received , and would be a sufficient foundation for a claim ...
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affirmed agreement alleged amended amount Appeal from Superior appellant assignment attorney bank bill of lading cause of action claim Code Colo Company complaint concur contract corporation counsel Cowley county creditors damages decree deed defendant defendant in error defendant's demurrer denied Digests and Indexes District Court ditch entitled evidence execution fact fendant filed held injury instruction Judge judgment jury Key-Numbered Digests King County land lease liable lien ment mortgage motion negligence Oklahoma Okmulgee county overruled owner paid parties payment person petition plain plaintiff in error pleaded possession proceeding purchase purpose question quiet title reason record Rehearing reservoir respondent rule statute sufficient Superior Court Supreme Court sustained testified testimony thereof tiff tion topic and KEY-NUMBER tract trading stamps transcript trial court trust verdict Wash witness
Populære avsnitt
Side 52 - Act to recover damages for personal injuries to an employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee...
Side 28 - It is admitted that the rule is difficult of application. But it is generally held that, in order to warrant a finding that negligence or an act not amounting to wanton wrong is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Side 156 - Ed. 518] ), and that the true test of employment in such commerce in the sense intended is, was the employee at the time of the injury engaged in interstate transportation or in work so closely related to it as to be practically a part of it.
Side 221 - 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...
Side 343 - If a bill of lading has been issued by a carrier or on his behalf by an agent or employee the scope of whose actual or apparent authority includes the issuing of bills of lading...
Side 28 - The true rule is that what is the proximate cause of an Injury is ordinarily a question for the jury. It is not a question of science or legal knowledge. It is to be determined as a fact, in view of the circumstances of fact attending It.
Side 351 - A holder in due course is a holder who has taken the instrument under the following conditions: (1) That it is complete and regular upon its face; (2) That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; (3) That he took it in good faith and for value; (4) That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Side 351 - Where the holder of an instrument payable to his order transfers it for value without indorsing it, the transfer vests in the transferee such title as the transferor had therein, and the transferee acquires, in addition, the right to have the indorsement of the transferor.
Side 353 - ... for an injury to the rights of the plaintiff arising from some act or omission of such county or other public corporation.
Side 354 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished; and there shall be in this state, hereafter, but one form of action, for the enforcement or protection of private rights and the redress of private wrongs, which shall be denominated a civil action.