The American State Reports: Containing the Cases of General Value and Authority Subsequent to Those Contained in the "American Decisions" [1760-1869] and the "American Reports" [1869-1887] Decided in the Courts of Last Resort of the Several States [1886-1911], Τόμος 133Abraham Clark Freeman Bancroft-Whitney Company, 1910 |
Άλλες εκδόσεις - Προβολή όλων
The American State Reports: Containing the Cases of General Value ..., Τόμος 43 Πλήρης προβολή - 1895 |
Συχνά εμφανιζόμενοι όροι και φράσεις
affirmed agent alleged amendment amount answer appellant applied authority bank cause of action claim complaint constitution contract contributory negligence corporation court of equity damages decree deed defendant defendant's demurrer denial denied district court divorce dollars duty employé entitled equity estopped estoppel evidence execution fact filed held husband Idaho injury interest issue judgment jurisdiction jury land lease liable lien mandamus marriage ment Minn mortgage N. J. Eq N. Y. Supp negligence notice opinion owner paid party payment person petition plaintiff pleadings possession proceedings proof purchase purpose question quiet title railroad reason record recover remedy replevin rule service of process sold statute statute of limitations stockholders sufficient suit testator testimony therein thereof tiff tion trade secret trust valid void wife writ writ of mandamus
Δημοφιλή αποσπάσματα
Σελίδα 698 - ... 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.
Σελίδα 649 - ... and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed; but whenever any person, in the construction of any ditch or canal, injures or damages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage.
Σελίδα 896 - Where the variance Is not material, as provided in the last section, the Court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs.
Σελίδα 697 - ... confined to such portions thereof as lie between vertical planes drawn downward as above described, through the end lines of their locations, so continued in their own direction that such planes will intersect such exterior parts of such veins or ledges. And nothing in this section shall authorize the locator or possessor of a vein or lode which extends in its downward course beyond the vertical lines of his claim to enter upon the surface of a claim owned or possessed by another.
Σελίδα 696 - States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and of all veins, lodes and ledges throughout their entire depth...
Σελίδα 696 - ... all veins, lodes and ledges throughout their entire depth, the top or apex of which lies inside of such surface lines extended downward vertically, although such veins, lodes, or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of such surface locations.
Σελίδα 92 - While the jury are kept together, either during the progress of the trial or after their retirement for deliberation, they...
Σελίδα 712 - 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 ; or to compel the admission of a party to the use and enjoyment of a right or office to which he is entitled, and from which he is unlawfully precluded by such inferior tribunal, corporation, board, or person.
Σελίδα 719 - 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...
Σελίδα 915 - The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff between whom a several judgment might be had in the action, and arising out of one of the following causes of action : "1. 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. "2. In an action arising on contract, any other cause of action arising also on contract...