The Pacific Reporter, Volum 20West Publishing Company, 1889 |
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Side 27
... instruct as to such element is harmless . 2. NEW TRIAL - NEWLY - DISCOVERED EVIDENCE - DILIGENCE . Where , on application ... instruction be given covering the omission . If the omission was error , it was harmless . The affidavits as to ...
... instruct as to such element is harmless . 2. NEW TRIAL - NEWLY - DISCOVERED EVIDENCE - DILIGENCE . Where , on application ... instruction be given covering the omission . If the omission was error , it was harmless . The affidavits as to ...
Side 30
... instruction just above set forth . The court below clearly erred in refusing plaintiff's request . The check in this case was dishonored . If it was not presented to the Pacific Bank for payment , but only to be certified , it ...
... instruction just above set forth . The court below clearly erred in refusing plaintiff's request . The check in this case was dishonored . If it was not presented to the Pacific Bank for payment , but only to be certified , it ...
Side 31
... instruction above quoted , which was given , in our view , eliminates from the rule above stated any agreement between the debtor and creditor that the check was taken in absolute payment . The voluntary act of the plaintiff alone is ...
... instruction above quoted , which was given , in our view , eliminates from the rule above stated any agreement between the debtor and creditor that the check was taken in absolute payment . The voluntary act of the plaintiff alone is ...
Side 32
... instruction was given . We say it was given on this evidence for the reason that we find no other ev- idence , and no other has been called to our attention on which it could have been based . We have seen that the rule of law is that a ...
... instruction was given . We say it was given on this evidence for the reason that we find no other ev- idence , and no other has been called to our attention on which it could have been based . We have seen that the rule of law is that a ...
Side 33
... instruction under consideration was abstract , as there was no evidence to base it on , that it was calculated to mislead the jury , and that the court erred in giving it . We will add here that the verdict in this case was general for ...
... instruction under consideration was abstract , as there was no evidence to base it on , that it was calculated to mislead the jury , and that the court erred in giving it . We will add here that the verdict in this case was general for ...
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affidavit affirmed aforesaid alleged amount answer Appeal from superior appellant appellee assignment attorney authority ballots bill cause of action Chaffee county claim Code Code Civil Colo complaint concur contract convey counsel court of equity creditors debt deceased decree deed defendant in error demurrer district court election entitled evidence executed facts fendant filed findings Harper county held instruction interest issued Judge judgment jury justice Kansas land liable lien ment mortgage motion notice opinion owner paid parties payment person petition plaintiff in error pleadings possession premises proceedings purchase purpose question quitclaim deeds Railroad Company reason record recover register of deeds rendered replevin respondent rule Shawnee county sheriff sold statute sufficient suit Sumner county Supreme Court testified testimony therein thereof tion trial verdict votes Whitman county witness writ
Populære avsnitt
Side 341 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Side 331 - An action may be brought by any person in possession, by himself or his tenant of real property, against any person who claims an estate or interest therein adverse to him. for the purpose of determining such adverse claim, estate or interest.
Side 253 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Side 581 - Where, however, the allegation of the cause of action or defence to which the proof is directed is unproved, not in some particular or particulars only, but in its entire scope and meaning, it shall not be. deemed a case of variance. within the last two sections, but a failure of proof.
Side 426 - That no lands acquired under the provisions of this act shall in any event become liable to the satisfaction of any debt or debts contracted prior to the issuing of the patent therefor.
Side 199 - ... the owner, irrespective of any benefit from any improvement proposed by such corporation...
Side 372 - A new trial is a re-examination of an issue of fact in the same court after a trial and decision by a jury, court, or referees.
Side 113 - That the several companies authorized to construct the aforesaid roads are hereby required to operate and use said roads and telegraph for all purposes of communication, travel and transportation, so far as the public and the...
Side 576 - Any number of persons claiming liens may join in the same action and when separate actions are commenced, the court may consolidate them.
Side 298 - Irregularity in the proceedings of the court, jury, or adverse party, or any order of the court or abuse of discretion by which either party was prevented from having a fair trial; 2.