The Pacific Reporter, Volumen76West Publishing Company, 1904 |
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Página 18
... rule announced by this court , such exactions certainly constituted usury . At common law a party who paid unauthorized interest could recover the excess in an action for money had and received , on the theory that the borrower was ...
... rule announced by this court , such exactions certainly constituted usury . At common law a party who paid unauthorized interest could recover the excess in an action for money had and received , on the theory that the borrower was ...
Página 70
... rule contended for by counsel . " We have care- fully examined that case , and are not dis- posed to extend its doctrine beyond the facts as therein stated , but it is not in conflict with what has here been said . The sections of the ...
... rule contended for by counsel . " We have care- fully examined that case , and are not dis- posed to extend its doctrine beyond the facts as therein stated , but it is not in conflict with what has here been said . The sections of the ...
Página 71
... rule contrary to that existing at the common law ( Taunton v . Go- forth , 6 Dowl . & Ryle , p . 384 ) , and contrary , therefore , to the authorities of those states where the common - law rule has not been ab- rogated by express ...
... rule contrary to that existing at the common law ( Taunton v . Go- forth , 6 Dowl . & Ryle , p . 384 ) , and contrary , therefore , to the authorities of those states where the common - law rule has not been ab- rogated by express ...
Página 72
... rule that the verdict will not ordinarily be set aside on appeal where there is substantial conflict in the testimony , and especially where the trial judge , who heard and saw the witnesses testify , has declined to inter- fere ...
... rule that the verdict will not ordinarily be set aside on appeal where there is substantial conflict in the testimony , and especially where the trial judge , who heard and saw the witnesses testify , has declined to inter- fere ...
Página 77
... rule or principle of the common law . This power is a naked power , not coupled with an interest . Now , from these considerations , it is easy to deduce a general rule . In order that a sale of land for taxes should be valid and ...
... rule or principle of the common law . This power is a naked power , not coupled with an interest . Now , from these considerations , it is easy to deduce a general rule . In order that a sale of land for taxes should be valid and ...
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Términos y frases comunes
affidavit affirmed agreement alleged amended amount appellant application Ariz assessment attorney authority bank cause of action certificate claim Code Colo complaint concur Constitution contract corporation court of equity damages decree deed defendant defendant's demurrer denied district court ditch election entitled evidence fact fendant filed findings fraud granted held Idaho interest issue Judge judgment jurisdiction jury Justice land Larris Cain Legislature lien Logan county mechanic's lien ment Mont mortgage motion negligence notice owner paid parties payment person petition plaintiff in error pleadings possession proceedings purchase purpose question quiet title reason record respondent rule stare decisis statute statute of limitations sufficient suit Superior Court Supreme Court sustained Teller County territory testimony therein thereof tiff tion trial court Utah verdict Wash witnesses
Pasajes populares
Página 227 - In case of the death, or other disability, of a party, the court, on motion, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
Página 285 - ... and every contractor, subcontractor, architect, builder, or other person having charge of any mining, or...
Página 28 - To justify the State in thus interposing its authority in behalf of the public, it must appear, first, that the interests of the public, generally, as distinguished from those of a particular class, require such interference; and second, that the means are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive upon individuals.
Página 368 - Except general appropriation bills, and bills for the codification and general revision of laws, no bill shall be passed containing more than one subject, which shall be clearly expressed in its title.
Página 123 - ... and each of the said district courts shall have and exercise the same jurisdiction, in all cases arising under the constitution and laws of the United States...
Página 225 - ... subject to the use of the United States for postal, military, naval, and all other Government service, and also subject to such regulations as Congress may impose restricting the charges for such Government transportation...
Página 360 - it extends to the protection of the lives, limbs, health, comfort, and quiet of all persons, and the protection of all property within the State.
Página 248 - If a bankrupt shall have given a preference within four months before the filing of a petition, or after the filing of the petition and before the adjudication, and the person receiving it, or to be benefited thereby, or his agent acting therein, shall have had reasonable cause to believe that it was intended thereby to give a preference, it shall be voidable by the trustee, and he may recover the property or its value from such person.
Página 414 - Third, such as shall be conveyed to it in satisfaction of debts previously contracted in the course of its dealings. Fourth, such as it shall purchase at sales under judgments, decrees, or mortgages held by the association, or shall purchase to secure debts to it.
Página 360 - Whatever differences of opinion may exist as to the extent and boundaries of the police power, and however difficult it may be to render a satisfactory definition of it, there seems to be no doubt that it does extend to the protection of the lives, health, and property of the citizens, and to the preservation of good order and the public morals.