The Pacific Reporter, 38. köideWest Publishing Company, 1895 "Comprising all the decisions of the Supreme Courts of California, Kansas, Oregon, Washington, Colorado, Montana, Arizona, Nevada, Idaho, Wyoming, Utah, New Mexico, Oklahoma, District Courts of Appeal and Appellate Department of the Superior Court of California and Criminal Court of Appeals of Oklahoma." (varies) |
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Page vi
... appellant or plaintiff in error may , by praecipe , indicate . If the record , so cer- tified , shall be insufficient , it shall be perfect- ed at his cost , and , if unnecessarily volumi- nous , the cost of the unnecessary parts shall ...
... appellant or plaintiff in error may , by praecipe , indicate . If the record , so cer- tified , shall be insufficient , it shall be perfect- ed at his cost , and , if unnecessarily volumi- nous , the cost of the unnecessary parts shall ...
Page 1
... error based on a finding of fact will not be considered on ap- peal . 2. Where , in an action tried without a jury , the record does not contain a bill of exceptions , a finding that defendant never accepted the goods sold him by plaintiff ...
... error based on a finding of fact will not be considered on ap- peal . 2. Where , in an action tried without a jury , the record does not contain a bill of exceptions , a finding that defendant never accepted the goods sold him by plaintiff ...
Page 57
... Error to Arapahoe county court . Action , aided by attachment , by Joseph N. Baxter against Emily Waddington and Jo ... plaintiff in error , to be summoned as garnishee . On the 24th day of May , 1890 , the garnishee answered that he was ...
... Error to Arapahoe county court . Action , aided by attachment , by Joseph N. Baxter against Emily Waddington and Jo ... plaintiff in error , to be summoned as garnishee . On the 24th day of May , 1890 , the garnishee answered that he was ...
Page 59
... plaintiff . The testimony introduced upon the trial is not preserved by a ... error appearing upon the record as presented , the judgment will be affirmed ... plaintiff's counsel denies such agreement . Error to district court , Arapahoe ...
... plaintiff . The testimony introduced upon the trial is not preserved by a ... error appearing upon the record as presented , the judgment will be affirmed ... plaintiff's counsel denies such agreement . Error to district court , Arapahoe ...
Page 60
... plaintiff . Error to Huerfano county court . Action by J. B. Moore against the Walsen- burg Water Company on a promissory note . Judgment was rendered for plaintiff , and defendant brings error . Reversed . J. P. Heisler , for plaintiff in ...
... plaintiff . Error to Huerfano county court . Action by J. B. Moore against the Walsen- burg Water Company on a promissory note . Judgment was rendered for plaintiff , and defendant brings error . Reversed . J. P. Heisler , for plaintiff in ...
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Common terms and phrases
affirmed alleged amended amount Appeal from superior appellant appointed Arapahoe county assessment assignment attorney authority bank cause of action charge claim Code Colo complaint concur constitution contract coun counsel court of equity deed defendant demurrer denied district court duly duty entitled evidence execution fact fendant filed held instruction issued judge judgment jurisdiction jury land Lassen county legislature lien lots 17 mandamus mechanic's lien ment mortgage motion notice owner parties payment person petition petitioner Pierce county plaintiff in error pleadings possession proceedings promissory note proof prop Prowers county purchase question quo warranto reason record respondent reversed rule sheriff statement statute sufficient superior court Supreme Court taxes testimony therein thereof tiff tion trial verdict void Wash witness writ writ of mandamus
Popular passages
Page 177 - Constitution which declares that no person shall be deprived of his life, liberty, or property, without due process of law.
Page 315 - This police power of the state extends to the protection of the lives, limbs, health, comfort, and quiet of all persons, and the protection of all property within the state.
Page 231 - ... 1. The surviving husband or wife, or some competent person whom he or she may request to have appointed. 2. The children. 3. The father and mother. 4. The brothers. 5. The sisters. 6. The grandchildren. 7. The next of kin entitled to share in the distribution of the estate.
Page 267 - ... demands, collects, or receives from any other person or persons for doing for him or them a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions, such common carrier shall be deemed guilty of unjust discrimination, which is hereby prohibited and declared to be unlawful.
Page 9 - No county, city, township, school district or other municipal corporation, shall be allowed to become indebted in any manner or for any purpose to an amount, including existing indebtedness, in the aggregate exceeding five per centum on the value of the taxable property therein, to be ascertained by the last assessment for State and county taxes, previous to the incurring of such indebtedness.
Page 96 - Gray, 84, is applicable, that if the different parts 'are so mutually connected with and dependent on each other, as conditions, considerations or compensations for each other, as to warrant a belief that the legislature intended them as a whole, and that, if all could not be carried into effect, the legislature would not pass the residue independently, and some parts are unconstitutional, all the provisions which are thus dependent, conditional or connected, must fall with them.* Or, as the point...
Page 384 - For any injury to person or property, occasioned by any willful violations of this act or willful failure to comply with any of its provisions, a right of action shall accrue to the party injured for any direct damages sustained thereby...
Page 46 - The Legislature shall provide for a system of Common Schools, by which a school shall be kept up and supported in each district at least three months in every year : and any school district neglecting to keep up and support such a school, may be deprived of its proportion of the interest of the public fund during such neglect.
Page 176 - But when the legislature proceeds to impose on that officer other duties; when he is directed peremptorily to perform certain acts; when the rights of individuals are dependent on the performance of those acts, he is so far the officer of the law, is amenable to the laws for his conduct, and cannot at his discretion sport away the vested rights of others.
Page 280 - 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.