The Pacific Reporter, Volum 166West Publishing Company, 1917 |
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97 Wash action adverse possession affirmed agreement alleged amended amount APPEAL AND ERROR assessment authority bank bond Carey Act cause Cent claim Code commissioners Company construction contract corporation court of equity Court of Oklahoma damages deceased declared decree deed defendant in error demurrer denied District Court Ellis county employé entitled estoppel evidence executed fact fendant filed held Idaho injury issue Judge judgment June 12 jury land lease lien Lumber mandamus ment mortgage motion municipal negligence Note Note.-For nunc pro tunc osteopathy owner paid parties payment person petition plaintiff in error pleadings possession purchase question quiet title railroad reason record recover rendered replevin respondent rule statute sufficient Superior Court supra Supreme Court sureties sustained thereof thereto tiff tion tract trial court trust verdict writ
Populære avsnitt
Side 28 - 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 267 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Side 425 - 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 292 - Provided, that in actions by or against executors, administrators, or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other as to any transaction with or statement by the testator, intestate, or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Side 191 - Among the most important are immortality, and, if the expression may be allowed, individuality — properties by which a perpetual succession of many persons are considered as the same, and may act as a single individual. They enable a corporation to manage its own affairs and to hold property without the perplexing intricacies, the hazardous and endless necessity, of perpetual conveyances for the purpose of transmitting it from hand to hand. It is chiefly for the purpose of clothing bodies of men,...
Side 364 - Mechanics, material-men, artisans, and laborers of every class shall have a lien upon the property upon which they have bestowed labor or furnished material, for the value of such labor done and material furnished; and the Legislature shall provide, by law, for the speedy and efficient enforcement of such liens.
Side 386 - The parties to a contract may agree therein upon an amount which shall be presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage.
Side 55 - ... be created, granted, assigned, surrendered or declared, unless by act or operation of law, or by a deed or conveyance in writing...
Side 39 - An inference is a deduction which the reason of the jury makes from the facts proved, without an express direction of law to that effect. 1959. Presumption defined. A presumption is a deduction which the law expressly directs to be made from particular facts.
Side 101 - America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents.