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action affidavit affirmed alleged amended amount answer Appeal from superior appellant appellees assessment attorney authority bank bond Boulder county cause cause of action charge claim Colo complaint concur constitution contract corporation counsel Court of California damages decree deed defendant defendant's demurrer district court ditch entitled evidence executed fact favor fendant filed finding franchise Fresno county garnishee grant ground guardian held instruction interest issue Judge judgment jurisdiction jury land lease liability loan mandamus ment mortgage motion Multnomah county notice opinion owner paid parties payment person petition plaintiff in error pleadings possession proceedings promissory note provides purchase question reason record remittitur replevin respondent reversed rule statute street sufficient suit superior court Supreme Court testified testimony thereof tiff tion trial court trustees verdict witness writ
Page 128 - And the said records and exemplifications, authenticated as aforesaid, shall have such faith and credit given to them in every court and office within the United States, as they have by law or usage in the courts or offices of the state from whence the same are or shall be taken.
Page 109 - A private person may arrest another : 1. For a public offense committed or attempted in his presence; 2. When the person arrested has committed a felony, although not in his presence; 3. When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it.
Page 126 - Root and the other defendants therein appeared and demurred to the complaint on the ground that the same did not state facts sufficient to constitute a cause of action...
Page 74 - In case of uncertainty arising upon the face of a will, as to the application of any of its provisions, the testator's intention is to be ascertained from the words of the will, taking into view the circumstances under which it was made, exclusive of his oral declarations.
Page 88 - The use of all water now appropriated, or that may hereafter be appropriated, for sale, rental, or distribution, is hereby declared to be a public use, and subject to the regulation and control of the State, in the manner to be prescribed by law...
Page 80 - 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.
Page 88 - SEC. 2. The right to collect rates or compensation for the use of water supplied to any county, city and county, or town, or the inhabitants thereof, is a franchise, and cannot be exercised except by authority of and in the manner prescribed by law.
Page 254 - ... 2. Insufficiency of the evidence to justify the findings and decision. " 3. Newly discovered evidence material to defendants and which could not with reasonable diligence have been discovered and produced at the trial.
Page 376 - 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...
Page 408 - If the motion is denied, the defendant must immediately answer the indictment or information, either by demurring or pleading thereto. If the motion is granted, the court must order that the defendant, if in custody, be discharged therefrom; or, if admitted to bail, that his bail be exonerated; or, if he has deposited money instead of bail, that the same be refunded to him, unless it directs that the case be resubmitted to the same or another grand jury...