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affirmed agreement alleged amount Appeal and Error appellant appellee attorney authority Bank bill of lading building cause of action Cent charge claim Commission commissioners complaint constitute contract contributory negligence corporation counsel damages deed defendant in error defendant's demurrer dence Digests and Indexes district court employes estoppel evidence executed fact fendant filed fraud held injury instruction Judge judgment jurisdiction jury Key-Numbered Digests King County Latah county lease lessee lessor liable lien Lumber ment mortgage motion Muskogee negligence Note.—For owner paid parties payment person petition plaintiff in error pleadings premises proceedings purchase question railroad reason record respondent Roy Buchanan rule school district shore lands statute Supreme Court sustained testified testimony thereof tiff tion topic and KEY-NUMBER trial court trust Utah verdict Warren Smith Wash wife witness
Side 158 - It need not have been foreseen or expected, but after the event, it must appear to have had its origin in a risk connected with the employment, and to have flowed from that source as a rational consequence.
Side 227 - State, subject only to the two restrictions, that the taxation shall not be at a greater rate than is assessed upon other moneyed capital in the hands of individual citizens of such State, and that the shares of any national banking association owned by non-residents of any State shall be taxed in the city or town where the bank is located, and not elsewhere.
Side 301 - No private property shall be taken or damaged for public or private use without just compensation having been first made, or paid into court for the owner...
Side 99 - Whenever, by the terms of an obligation, a party thereto incurs a forfeiture, or a loss in the nature of a forfeiture, by reason of his failure to comply with its provisions, he may be relieved therefrom, upon making full compensation to the other party, except in case of a grossly negligent, willful, or fraudulent breach of duty.
Side 157 - Under this test, if the injury can be seen to have followed as a natural incident of the work and to have been contemplated by a reasonable person familiar with the whole situation as a result of the exposure occasioned by the nature of the employment, then it arises out of...
Side 12 - An absolute and unconditional renunciation of his rights against the principal debtor made at or after the maturity of the instrument discharges the instrument. But a renunciation does not affect the rights of a holder in due course without notice. A renunciation must be in writing, unless the instrument is delivered up to the person primarily liable thereon.
Side 47 - ... 1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true; 2. The positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true; 3. The suppression of that which is true, by one having knowledge or belief of the fact; 4. A promise made without any intention of performing it; or, 5. Any other act fitted to deceive.
Side 124 - Whoever pays money, or delivers an instrument or property, is entitled to a receipt therefor from the person to whom the payment or delivery is made, and may demand a proper signature to such receipt as a condition of the payment or delivery.
Side 254 - That plaintiff is informed and believes and upon such information and belief alleges the fact to be that...
Side 349 - If the demurrer be allowed, the judgment is final upon the indictment demurred to, and is a bar to another prosecution for the same offense, unless the court, being of opinion that the objection on which the demurrer is allowed may be avoided in a new indictment, direct the case to be re-submitted to the same or another grand jury.