The Pacific Reporter, Volumen173West Publishing Company, 1918 |
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Resultados 1-5 de 100
Página 9
... material by reason of a negative finding of the jury . The defense was a denial and an allegation that the plaintiff's injuries were the result of his own negligence . The principal question is whether the evi- dence supports the ...
... material by reason of a negative finding of the jury . The defense was a denial and an allegation that the plaintiff's injuries were the result of his own negligence . The principal question is whether the evi- dence supports the ...
Página 15
... material vari- ance . No showing was made that the defend- ant was misled by the variance , as the stat- ute requires in order for it to be deemed material ( Gen. Stat . 1915 , § 7026 ) , and no such prejudice is apparent as to justify ...
... material vari- ance . No showing was made that the defend- ant was misled by the variance , as the stat- ute requires in order for it to be deemed material ( Gen. Stat . 1915 , § 7026 ) , and no such prejudice is apparent as to justify ...
Página 21
... material ed satisfactory crops of alfalfa on 18 acres of matters and the reliance thereon of the re- their land , and had water for this purpose spondents ; his claim being that the respond- during the season ; but the major portion of ...
... material ed satisfactory crops of alfalfa on 18 acres of matters and the reliance thereon of the re- their land , and had water for this purpose spondents ; his claim being that the respond- during the season ; but the major portion of ...
Página 22
... material facts , although he may have inspected the land and made some investigation of the sub- ject - matter of the representations . In Eyers v . Burbank Co. we said : * * " It is true the evidence shows that respondent spent the ...
... material facts , although he may have inspected the land and made some investigation of the sub- ject - matter of the representations . In Eyers v . Burbank Co. we said : * * " It is true the evidence shows that respondent spent the ...
Página 41
... material was negligently placed was erroneous . 6. EMINENT DOMAIN 271 - CONSTRUCTION OF STATE HIGHWAY - DAMAGES . If ... material which fell upon the railroad track , but it was denied that the fall- ing of the material upon the track ...
... material was negligently placed was erroneous . 6. EMINENT DOMAIN 271 - CONSTRUCTION OF STATE HIGHWAY - DAMAGES . If ... material which fell upon the railroad track , but it was denied that the fall- ing of the material upon the track ...
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Términos y frases comunes
affirmed agreement alleged amended amount appellant applied assessment Bank bond cause of action charge claim Cleveland county Code Colo complaint concur contended contract contributory negligence corporation damages deceased decree deed defendant's demurrer denied Deschutes county Digests and Indexes District Court EMINENT DOMAIN employé entitled estoppel evidence fact favor fendant filed findings ground held injury instruction interest issue Judge judgment jurisdiction jury Key-Numbered Digests King County land liability lien mandamus ment mortgage motion negligence notice opinion owner paid parties payment person petition petitioner plain plaintiff in error pleadings proceedings purchase purpose question railroad reason received recover Rehearing remittitur rendered respondent rule Stat statute Superior Court Supreme Court surety testified testimony thereof tiff tion topic and KEY-NUMBER trial court trust Utah verdict Wash witness writ
Pasajes populares
Página 350 - The cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
Página 400 - When there is reason to believe that an impartial trial cannot be had therein ; 3. When the convenience of witnesses and the ends of justice would be promoted by the change.
Página 379 - All property, not exempted from taxation by this Constitution, shall be assessed for taxation at its fair cash value, estimated at the price it would bring at a fair voluntary sale...
Página 74 - All laws should receive a sensible construction. General terms should be so limited in their application as not to lead to injustice, oppression, or an absurd consequence. It will always, therefore, be presumed that the legislature intended exceptions to its language, which would avoid results of this character. The reason of the law in such cases should prevail over its letter.
Página 101 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.
Página 378 - The fundamental rule in construing statutes is to ascertain and give effect to the intention of the legislature.
Página 313 - ... 1. Actual annexation to the realty, or something appurtenant thereto. 2. Appropriation to the use or purpose of that part of the realty with which it is connected. 3. The intention of the party making the annexation, to make the article a permanent accession to the freehold...
Página 73 - ... sometimes by considering the cause and necessity of making the act, sometimes by comparing one part of the act with another, and sometimes by foreign circumstances. So that they have ever been guided by the intent of the legislature, which they have always taken according to the necessity of the matter and according to that which is consonant to reason and good discretion.
Página 99 - The location must be distinctly marked on the ground so that its boundaries can be readily traced. All records of mining claims hereafter made shall contain the name or names of the locators, the date of the location, and such a description of the claim or claims located by reference to some natural object or permanent monument as will identify the claim. On each claim located after the tenth day of May, eighteen hundred and seventy-two, and until a patent has been issued therefor, not less than...
Página 226 - It is admitted that the rule is difficult of application. But it is generally held that, in order to warrant a finding that negligence or an act not amounting to wanton wrong is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.