The Pacific Reporter, Volume 40 (Google eBook)
West Publishing Company, 1895 - Law reports, digests, etc
"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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affirmed alleged amount answer Appeal from superior appellant Arapahoe county attorney authority bank bill bond Bourbon county cause of action certificate certiorari charge claim clerk Code Colo complaint concur contract corporation coun counsel county clerk court of equity damages decree deed Deer Lodge county defendant defendant's demurrer denied district court ditch entitled evidence executed fact fees fendant filed findings foreclosure held Idaho interest issue Judge jurisdiction jury justice land legislature lien mechanic's lien ment Mont mortgage motion notice owner paid party payment person plaintiff in error pleadings possession premises proceedings purchase question railroad reason record recover rendered respondent reversed rule sheriff statute suit superior court Supreme Court sustained testimony thereof tide lands tiff tion trial trust verdict Wash writ
Page 192 - A cause of action, arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Page 205 - ... the claim or mine upon which such failure occurred shall be open to relocation in the same manner as if no location of the same had ever been made, provided that the original locators, their heirs, assigns, or legal representatives, have not resumed work upon the claim after failure and before such location.
Page 192 - The answer of the defendant must contain: " 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief. "2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition.
Page 311 - Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial; 5.
Page 209 - ... and each of the said district courts shall have and exercise the same jurisdiction, in all cases arising under the constitution and laws of the United States...
Page 208 - ... not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purpose.
Page 17 - That every Will made by a Man or Woman shall be revoked by his or her Marriage (except a Will made in exercise of a Power of Appointment, when the Real or Personal Estate thereby appointed would not in default of such Appointment pass to his or her Heir, Customary Heir, Executor, or Administrator, or the Person entitled as his or her next of Kin, under the Statute of Distributions...
Page 42 - ... accompanied by an immediate delivery, and followed by an actual and continued change of possession...
Page 192 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.