The Pacific Reporter, Τόμος 65West Publishing Company, 1901 |
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Σελίδα 42
... trial court , and determine all questions of preferences and fraud in the execution of such mortgage ; hence certiorari will not lie to review such determination , though erroneous , unless the court of appeals has clearly refused to be ...
... trial court , and determine all questions of preferences and fraud in the execution of such mortgage ; hence certiorari will not lie to review such determination , though erroneous , unless the court of appeals has clearly refused to be ...
Σελίδα 56
... TRIAL OF RIGHT - TRUST DEEDS FORECLOSURE - VALIDITY - ATTACK - EQUITY - OF REDEMPTION - PURCHASER . 1. Where a judge , in vacation , of his own mo- tion ordered a cause transferred to another county , the court to which the venue was ...
... TRIAL OF RIGHT - TRUST DEEDS FORECLOSURE - VALIDITY - ATTACK - EQUITY - OF REDEMPTION - PURCHASER . 1. Where a judge , in vacation , of his own mo- tion ordered a cause transferred to another county , the court to which the venue was ...
Σελίδα 57
... trial to the court before a jury , which returned a verdict in favor of the plaintiff . The defend- ant , within the statutory time , filed a motion for a new trial for cause , which was overrul- ed , and thereafter , and within the ...
... trial to the court before a jury , which returned a verdict in favor of the plaintiff . The defend- ant , within the statutory time , filed a motion for a new trial for cause , which was overrul- ed , and thereafter , and within the ...
Σελίδα 65
... trial court or by a judge . 3. Where appellant's bill of exceptions , in a criminal action , has been stricken out of the record , upon appeal from an order denying a new trial , such appeal will be dismissed upon motion . 4. An ...
... trial court or by a judge . 3. Where appellant's bill of exceptions , in a criminal action , has been stricken out of the record , upon appeal from an order denying a new trial , such appeal will be dismissed upon motion . 4. An ...
Σελίδα 83
... trial being discretionary with the trial court , is not reviewable on appeal . 5. Where an action on a sheriff's indemnify- ing bond was dismissed as to the sureties , but continued as to the principal , and there were issues respecting ...
... trial being discretionary with the trial court , is not reviewable on appeal . 5. Where an action on a sheriff's indemnify- ing bond was dismissed as to the sureties , but continued as to the principal , and there were issues respecting ...
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Συχνά εμφανιζόμενοι όροι και φράσεις
affirmed alleged amended amount appeal appellant appellee assessment assignment attorney Baker county bank cause of action charge claim Code Colo commissioners complaint concur contract corporation counsel creditors decree deed defendant defendant in error defendant's demurrer denied district court ditch election entitled evidence execution fact favor fendant filed foreclosure held Idaho injury interest irrigation Judge judgment jurisdiction jury land liability lien mandamus ment mortgage motion notice owner paid parties payment person plain plaintiff in error pleadings possession proceedings promissory note prosecution purpose question quitclaim deed reason record recover rehearing rendered respondent reversed Rio Grande City rule statute street suit superior court Supreme Court sustained tally markings taxes testified testimony thereof tiff tion Tirey L trial court trust verdict void water rights witness
Δημοφιλή αποσπάσματα
Σελίδα 30 - The shareholders of each association formed under the provisions of this act, and of each existing bank or banking association that may accept the provisions of this act, shall be held individually responsible, equally and ratably, and not one for another, for all contracts, debts, and engagements of such association to the extent of the amount of their stock therein at the par value thereof, in addition to the amount invested in such shares...
Σελίδα 70 - If the remedy at law . is sufficient, equity cannot give relief, "but it is not enough that * there is a remedy at law; it must be plain and adequate, or. in other words, as practical and efficient to the ends of justice, and its prompt administration, as the remedy in equity.
Σελίδα 396 - Members of the Legislature, and all officers, executive and judicial, except such inferior officers as may be by law exempted, shall, before they enter upon the duties of their respective offices, take and subscribe the following oath or affirmation: " I do solemnly swear (or affirm, as the case may be,) that I will support the Constitution of the United States and the Constitution of the State of California, and that I will faithfully discharge the duties of the office of , according to the best...
Σελίδα 394 - In cases of uncertainty not removed by the preceding rules, the language of a contract should be interpreted most strongly against the party who caused the uncertainty to exist.
Σελίδα 211 - The cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
Σελίδα 314 - Every mortgage or conveyance intended to operate as a mortgage of goods and chattels which shall hereafter be made which shall not be accompanied by an immediate delivery and followed by an actual and continued change of possession...
Σελίδα 313 - Actions for the following causes, must be tried in the county in which the subject of the action or some part thereof is situated, subject to the power of the court to change the place of trial, as provided in section 620 : 1. For the recovery of real property or of an estate or interest therein, or for the determination, in any form, of such right or interest, and for injuries to real property : 2.
Σελίδα 68 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished...
Σελίδα 182 - That the legislative power of the territory shall extend to all rightful subjects of legislation consistent with the constitution of the United States and the provisions of this act; but no law shall be passed interfering with the primary disposal of the soil; no tax shall be imposed upon the property of the United States...
Σελίδα 130 - ... in trust for the several use and benefit of the occupants thereof, according to their respective interests ; the execution of which trust, as to the disposal of the lots in such town, and the proceeds of the sales thereof, to be conducted under such regulations as may be prescribed by the legislative authority of the State or Territory in which the same may be situated.