The Codes and General Laws of Oregon, Volume 1Bancroft-Whitney, 1892 - 2192 halaman |
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Halaman 131
... complaint need not show that his claim has not been barred , this being a matter of defense to be pleaded by the party claiming it : Backus v . Clark , 1 Kan . 303 ; S. C. , 87 Am . Dec. 437. By suffering an action to go on without ...
... complaint need not show that his claim has not been barred , this being a matter of defense to be pleaded by the party claiming it : Backus v . Clark , 1 Kan . 303 ; S. C. , 87 Am . Dec. 437. By suffering an action to go on without ...
Halaman 132
... complaint : Farris v . Mer- ritt , 63 Cal . 118. An answer averring non accruit infra sex annos , instead of within the five years prescribed by the statute , is nevertheless good ; for if the cause did not accrue within six years , it ...
... complaint : Farris v . Mer- ritt , 63 Cal . 118. An answer averring non accruit infra sex annos , instead of within the five years prescribed by the statute , is nevertheless good ; for if the cause did not accrue within six years , it ...
Halaman 148
... complaint does not state facts sufficient to con- stitute a cause of action : People v . Haggin , 57 Cal . 579 . - Who is real party in interest . -It is generally , but not always , easy to ascertain who is the real party in interest ...
... complaint does not state facts sufficient to con- stitute a cause of action : People v . Haggin , 57 Cal . 579 . - Who is real party in interest . -It is generally , but not always , easy to ascertain who is the real party in interest ...
Halaman 157
... complaint showed sufficiently his relations to his ward , the court upheld the complaint : Spear v . Ward , 20 Cal . 676 . of guardian ad litem . $ 33 . [ 32. ] The guardian shall be appointed as fol- Appointment lows : - - 1. When the ...
... complaint showed sufficiently his relations to his ward , the court upheld the complaint : Spear v . Ward , 20 Cal . 676 . of guardian ad litem . $ 33 . [ 32. ] The guardian shall be appointed as fol- Appointment lows : - - 1. When the ...
Halaman 165
... complaint and set- ting out of new averments cannot take away the right to a change of venue which had accrued to him by his motion made at the time of demurring to the original complaint : Buell v . Dodge , 57 Id . 645. But the defend ...
... complaint and set- ting out of new averments cannot take away the right to a change of venue which had accrued to him by his motion made at the time of demurring to the original complaint : Buell v . Dodge , 57 Id . 645. But the defend ...
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Bagian yang populer
Halaman 370 - Anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Halaman 490 - The writ of mandamus may be denominated the writ of mandate.— 1873-345. 1085. It may be issued by any court, except a justice's or police court, to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station...
Halaman 67 - All power is inherent in the people, and all free governments are founded on their authority and instituted for their peace, safety and happiness.
Halaman 226 - No variance between the allegation in a pleading and the proof, is to be deemed material, unless it have actually misled the adverse party to his prejudice, in maintaining his action or defense upon the merits.
Halaman 83 - No Senator or Representative shall, during the time for which he shall have been elected, be appointed to any civil office of profit under this state, which shall have been created, or the emoluments of which shall have been increased during such term, except such offices as may be filled by elections by the people.
Halaman 531 - In the construction of a statute or instrument, the office of the judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted, or to omit what has been inserted; and where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all.
Halaman 51 - He shall, before he is admitted to citizenship, declare on oath in open court that he will support the Constitution of the United States, and that he absolutely and entirely renounces and abjures all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and particularly by name to the prince, potentate, state or sovereignty of which he was before a citizen or subject...
Halaman 80 - Every act shall embrace but one subject and matters properly connected therewith; which subject shall be expressed in the title. But if any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
Halaman 666 - I will abstain from all offensive personality, and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which...
Halaman 220 - In pleading a judgment, or other determination of a court, or officer of special jurisdiction, it shall not be necessary to state the facts conferring jurisdiction; but such judgment or determination may be stated to have been duly given or made.