The Pacific Reporter, Volume 53West Publishing Company, 1898 |
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Halaman 32
... reversed and remanded for a new trial as to another cause of action , all the issues in- volved in the cause of action remanded must be retried , though the appellate court deems the evidence sufficient to sustain the judgment of the ...
... reversed and remanded for a new trial as to another cause of action , all the issues in- volved in the cause of action remanded must be retried , though the appellate court deems the evidence sufficient to sustain the judgment of the ...
Halaman 34
... reversed , and a new trial thereon ordered . Upon the issue presented by the claim for damages sustained by rea- son of the imperfect and fraudulent milling , the order denying a new trial is set aside as to all the appellants ; and the ...
... reversed , and a new trial thereon ordered . Upon the issue presented by the claim for damages sustained by rea- son of the imperfect and fraudulent milling , the order denying a new trial is set aside as to all the appellants ; and the ...
Halaman 41
... reversed , as they also say it was in terms . The judg- ment , as pronounced here , reads : " The cause is therefore remanded to the superior court with the following directions , viz .: The judgment appealed from is set aside , and the ...
... reversed , as they also say it was in terms . The judg- ment , as pronounced here , reads : " The cause is therefore remanded to the superior court with the following directions , viz .: The judgment appealed from is set aside , and the ...
Halaman 42
... reversed . Since this court has no power , un- der the constitution , to review its own final judgments ( Fox v . Mining Co. , 112 Cal . 568 , 571 , 44 Pac . 1022 ) , upon the going down of the remittitur upon that appeal the question ...
... reversed . Since this court has no power , un- der the constitution , to review its own final judgments ( Fox v . Mining Co. , 112 Cal . 568 , 571 , 44 Pac . 1022 ) , upon the going down of the remittitur upon that appeal the question ...
Halaman 46
... reversed , and the cause remanded for a new trial . We concur : HAYNES , C .; BRITT , C. PER CURIAM . For the reasons given in the foregoing opinion , the judgment and order appealed from are reversed , and the cause re- manded for a ...
... reversed , and the cause remanded for a new trial . We concur : HAYNES , C .; BRITT , C. PER CURIAM . For the reasons given in the foregoing opinion , the judgment and order appealed from are reversed , and the cause re- manded for a ...
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affidavit affirmed alleged amount answer Appeal from superior appellant appellee attorney ballots Bank bond cause of action charge claim Code Colo Company complaint concur contract corporation coun counsel court of equity creditors damages debt decree deed defendant in error defendant's demurrer dence denied district court ditch evidence execution facts favor fendant filed fraud granted ground guaranty Haskell County held Idaho instructions interest issue judge judgment jury land liable lien ment mill mortgage motion negligence nonsuit opinion owner paid party payment person petition Pima county plaintiff in error pleadings possession proceedings promissory note question reason record rendered replevin respondent reversed rule statute sufficient superior court Supreme Court sustained taxes testimony thereof tide lands tiff tion tract trial court verdict Wash witness writ
Bagian yang populer
Halaman 201 - In case the greater rate of interest has been paid, the person by whom It has been paid, or his legal representatives, may recover back, in an action in the nature of an action of debt, twice the amount of the interest thus paid from the association taking or receiving the same: Provided such action is commenced within two years from the time the usurious transaction occurred.
Halaman 81 - 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...
Halaman 416 - A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the Legislature shall encourage by all suitable means the promotion of intellectual, scientific, moral, and agricultural improvement.
Halaman 178 - Offenses heretofore required to be prosecuted by indictment shall be prosecuted by information, after examination and commitment by a Magistrate, or by indictment, with or without such examination and commitment, as may be prescribed by law.
Halaman 256 - Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory notes, and sureties on the same or separate instruments, may all or any of them be included in the same action, at the option of the plaintiff...
Halaman 202 - Territory, or district where the bank is located, and no more, except that where by the laws of any State a different rate is limited for banks of issue organized under State laws, the rate so limited shall be allowed for associations organized or existing in any such State under this title. When no rate is fixed by the laws of the State or Territory or district, the bank may take, receive, reserve, or charge a rate not exceeding seven per centum...
Halaman 371 - ... the proprietors of these establishments and their operatives do not stand upon an equality, and that their interests are, to a certain extent, conflicting. The former naturally desire to obtain as much labor as possible from their employees, while the latter are often induced by the fear of discharge to conform to regulations which their judgment, fairly exercised, would pronounce to be detrimental to their health or strength. In other words, the proprietors lay down the rules and the laborers...
Halaman 104 - Indian within its jurisdiction the equal protection of the law, and .every Indian born within the territorial limits of the United States to whom allotments shall have been made under the provisions of this act, or under any law or treaty...
Halaman 178 - That before the filing thereof the defendant had not been legally committed by a magistrate.
Halaman 65 - 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.