The Pacific Reporter, Volum 225West Publishing Company, 1924 |
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affirmative defense affirmed agent agreement alleged amended amount Appeal from Superior appellant April assignment attorney bank cause of action charge claim commission complaint concur contract corporation creditors damages decree deed defendant in error defendant's demurrer dence denied Digests and Indexes District Court entitled evidence executed facts fendant filed fraud held Idaho Indexes 225 instructions issue Judge judgment jury Key-Numbered Digests land liability lien Los Mochis lumber ment mortgage motion Nancy Walling negligence Oklahoma opinion owner paid parties payment person petition plaintiff in error pleadings possession proceedings purchase question reason record respondent rule Stat statute statute of limitations suit Superior Court supra Supreme Court surety sustained Tamaqua testified testimony thereof tiff tion topic and KEY-NUMBER trial court verdict Wash wife witness
Populære avsnitt
Side 269 - An action upon a liability created by statute, other than a penalty or forfeiture. 2. An action for trespass upon real property. 3. An action for taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property.
Side 422 - A discharge in bankruptcy shall release a bankrupt from all of his provable debts...
Side 315 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.
Side 285 - Of whose true-fix'd and resting quality There is no fellow in the firmament.
Side 418 - ... 1. If the action be against defendants jointly indebted upon contract, he may proceed against the defendant served, unless the Court otherwise direct; and if he recover judgment, it may be entered against all the defendants thus jointly indebted, so far only as that it may be enforced against the joint property of all and the separate property of the defendants served, and, if they are subject to arrest, against the persons of the defendants served; or, 2.
Side 313 - If an action shall be commenced within the time prescribed therefor, and a judgment therein for the plaintiff be reversed on appeal, the plaintiff, or if he die and the cause of action survive, his heirs or representatives, may commence a new action within one year after the reversal.
Side 393 - Although the defendant's negligence may have been the primary cause of the injury complained of, yet an action for such injury cannot be maintained if the proximate and immediate cause of the injury can be traced to the want of ordinary care and caution in the person injured, subject to this qualification, which has grown up in recent years (having been first enunciated in Davies v.
Side 418 - Where the action is against two or more defendants, and the summons is served on one or more, but not on all of them, the plaintiff may proceed as follows: 1.
Side 127 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
Side 271 - Where a section or part of a statute is amended, it is not to be considered as having been repealed and re-enacted In the amended form; but the portions which are not altered are to be considered as having been the law from the time when they were enacted, and the new provisions are to be considered as having been enacted at the time of the amendment.