The Pacific Reporter, Volume 106West Publishing Company, 1910 - Law reports, digests, etc |
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Common terms and phrases
affidavit affirmed agreement alleged amount APPEAL AND ERROR Appeal from Superior appellant assessment attorney bank cause of action Cent charge church claim clerk Code complaint concur Constitution contract corporation counsel county seat CRIMINAL LAW Cumberland Presbyterian Church damages deceased declared decree deed defendant defendant's demurrer denied district court eminent domain evidence executed fact fendant filed held Idaho injury instruction Judge judgment jury land lien mandamus ment mortgage motion Note Note.-For NUMBER in Dec owner paid parties payment person petition plaintiff plaintiff in error pleaded Presbyterian prosecution purchase purpose question reason record Reporter Indexes respondent rule section NUMBER statute statute of frauds sufficient Superior Court Supreme Court surety testator testified testimony thereof tiff tion topic and section trial court trust verdict Wash witness
Popular passages
Page 265 - 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.
Page 310 - 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 197 - The location must be distinctly marked on the ground so that its boundaries can be readily traced. All records of mining claims hereafter made shall contain the name or names of the locators, the date of the location, and such a description of the claim or claims located by reference to some natural object or permanent monument as will identify the claim. On each claim located after the tenth day of May, eighteen hundred and seventy-two, and until a patent has been issued therefor, not less than...
Page 198 - ... 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 363 - ... to have process to compel the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed.
Page 45 - Michigan of the second part, witnesseth, that the said parties of the first part, for and in consideration of the sum of one dollar to them in hand •paid by the said party of the second part...
Page 247 - Involuntary — In the commission of an unlawful act not amounting to a felony, or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection.
Page 359 - It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers.
Page 361 - The precise time at which the offense was committed need not be stated in the indictment or information, but it may be alleged to have been committed at any time before the finding or filing thereof, except where the time is a material ingredient in the offense.
Page 364 - A witness can testify of those facts only which he knows of his own knowledge; that is, which are derived from his own perceptions, except in those few express cases in which his opinions or inferences, or the declarations of others, are admissible.