The Southwestern Reporter, 105. köide

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West Publishing Company, 1908

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Page 438 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 75 - ... which render It unconscientious for the holder of the legal title to retain and enjoy the beneficial interest, equity Impresses a constructive trust on the property thus acquired in favor of the one who is truly and equitably entitled to the same, although he may never perhaps have had any legal estate therein...
Page 362 - It is a most general rule that no allegation which is descriptive of the identity of that which is legally essential to the claim or charge can ever be rejected.
Page 185 - No indictment is insufficient, nor can the trial, judgment, or other proceedings thereon be affected, by reason of a defect or imperfection in matter of form, which does not tend to the prejudice of the substantial rights of the defendant, upon the merits.
Page 170 - The court Instructs the jury that If they shall believe from the evidence that the...
Page 308 - The court instructs the jury that if you believe and find from the evidence that...
Page 407 - ... by unauthorized persons; and to provide for the trial and punishment of violators of the provisions of this act by fine or imprisonment, or both; and to repeal all laws or parts of laws in conflict or inconsistent with this act.
Page 315 - Equity is founded on perfect truth " (c), and " when the owner of a trade mark applies for an injunction to restrain the defendant from injuring his property by making false representations to the public, it is essential that the plaintiff should not, in his...
Page 140 - Every law enacted by the Legislature shall embrace but one object, and that shall be expressed in the title ; and no law shall be revised or amended by reference to its title ; but in such case the act revised or section amended, shall be re-enacted and published at length.
Page 279 - ... said party of the first part, and the said party of the first part...

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