The Pacific Reporter, Volum 2West Publishing Company, 1884 |
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Side 11
... rule press upon litigants the benefit of a right or privilege which they have elected not to invoke or claim . Had the court been called upon for a construction of that statute , it is probable that a view would have been adopted ...
... rule press upon litigants the benefit of a right or privilege which they have elected not to invoke or claim . Had the court been called upon for a construction of that statute , it is probable that a view would have been adopted ...
Side 12
... rule deducible from the foregoing and other cases in the following language : " If there has been some di- rect physical disturbance of a right , either public or private , which the plaintiff enjoys in connection with his property ...
... rule deducible from the foregoing and other cases in the following language : " If there has been some di- rect physical disturbance of a right , either public or private , which the plaintiff enjoys in connection with his property ...
Side 22
... rule of action ? Is it not rather the mental condition of a reasonable and prudent man in similar circumstances ? We think this the true rule , and that plaintiff's having asserted that the proximate cause of his injury was from his own ...
... rule of action ? Is it not rather the mental condition of a reasonable and prudent man in similar circumstances ? We think this the true rule , and that plaintiff's having asserted that the proximate cause of his injury was from his own ...
Side 34
... rule , that one who is not a party to the action , or privy to the defendant therein , cannot be dispossessed of land by a writ issued upon a judgment for recovery of possession . In Tevis v . Ellis , 25 Cal . 515 , where a plaintiff in ...
... rule , that one who is not a party to the action , or privy to the defendant therein , cannot be dispossessed of land by a writ issued upon a judgment for recovery of possession . In Tevis v . Ellis , 25 Cal . 515 , where a plaintiff in ...
Side 50
... rule should always be fol- lowed when the objections urged serve only to perplex and embarrass a remedy intended to be simple and summary , without adding any- thing to the security of the parties having an interest in the property ...
... rule should always be fol- lowed when the objections urged serve only to perplex and embarrass a remedy intended to be simple and summary , without adding any- thing to the security of the parties having an interest in the property ...
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action adverse possession affidavit affirmed agreement alleged answer appeal assessment attorney authority Castro cause charge clerk commenced commissioners complaint constitution Contra Costa county contract corporation counsel county seat court of equity creditors decree deed defendant in error defendant's demurrer district court entitled evidence execution fact fendant Filed February findings grant Greenwood county ground held interest issued judge judgment jurisdiction juror jury justices concurring Kansas land legislature liable liquors ment mining claim mortgage motion Nemaha county notice owner paid parties payment person petition plaintiff in error possession premises probate court proceedings prosecution purchase purpose question quo warranto railroad rancho San Pablo reason record recover rendered respondent road rule Shawnee county sheriff's deed statute statute of limitations sufficient supreme court sustained territory testimony thereof tion tract trial verdict witness
Populære avsnitt
Side 17 - 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 392 - Lee a deed, a copy of which is hereto attached marked 'Exhibit A...
Side 729 - Any county, city, town, or township may make and enforce within its limits all such local, police, sanitary, and other regulations as are not in conflict with general laws.
Side 173 - All laws should receive a sensible construction. General terms should be so limited in their application as not to lead to injustice, oppression, or an absurd consequence. It will always, therefore, be presumed that the legislature intended exceptions to its language, which would avoid results of this character. The reason of the law in such cases should prevail over its letter.
Side 9 - No private property shall be taken or damaged for public or private use without just compensation...
Side 852 - BY the 4th section of the statute of frauds," it is enacted that " no action shall be brought whereby to charge any person upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, unless the agreement upon which such action shall be brought, or some memorandum or 'note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Side 392 - The writ shall be directed to the sheriff of any county in which property of such defendant may be, and require him to attach and safely keep all the property of such defendant within his county, not exempt from execution, or so much thereof as may be sufficient to satisfy the plaintiff's demand...
Side 411 - Lands belonging to this State, which are suitable for cultivation, shall be granted only to actual settlers, and in quantities not exceeding three hundred and twenty acres to each settler, under such conditions as shall be prescribed by law.
Side 174 - II, which enacts that a prisoner who breaks prison shall be guilty of felony, does not extend to a prisoner who breaks out when the prison is on fire — " for he is not to be hanged because he would not stay to be burnt.
Side 658 - December, 1881, before a jury, and resulted in a verdict and judgment for plaintiff in the sum of $4,250.