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accept accord action affirmed agreed agreement alleged amended amount answer appeal application assessment authority bank cause charged Civil claim Code Company complaint condition considered constitute construction Continued contract corporation counsel County deed defendant defendant's delivered denied deposit determined direct district ditch dollars effect entered entitled error evidence execution facts failed filed finding follows further given ground held hundred instruction intention interest issue Judge judgment jury land lease matter means ment motion necessary negligence notice objection opinion owner paid parties payment performance person plaintiff possession present proceeding prosecution purchase question reason received record referred refusing Respondent result rule shown specific statement statute street sufficient Superior Court sustained taken testified testimony therein thereof tion trial court true witness
Σελίδα 478 - That place shall be considered and held to be the residence of a person in which his habitation is fixed, and to which, whenever he is absent, he has the intention of returning.
Σελίδα 498 - 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; and where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all.
Σελίδα 373 - When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and therefore there can be between the parties and their representatives, or successors in interest, no evidence of the terms of the agreement other than the contents of the writing, except in the following cases: 1.
Σελίδα 869 - An adjudication is final and conclusive not only as to the matter actually determined, but as to every other matter which the parties might have litigated and have decided as incident to or essentially connected with the subject-matter of the litigation, and every matter coming within the legitimate purview of the original action, both in respect to matters of claim and of defence.
Σελίδα 40 - The following contracts are invalid, unless the same, or some note or memorandum thereof, is in writing and subscribed by the party to be charged or by his agent: 1.
Σελίδα 105 - The said warrant, assessment, certificate, and diagram, with the affidavit of demand and non-payment, shall be held prima facie evidence of the regularity and correctness of the assessment and of the prior proceedings and acts of the superintendent of streets and city council upon which said warrant, assessment, and diagram are based, and like evidence of the right of the plaintiff to recover in the action.
Σελίδα 409 - Said petition shall be presented at a regular meeting of said board, and shall be published for at least two weeks before the time at which the same is to be presented in some newspaper...
Σελίδα 72 - ... that the attachment is not sought, and the action is not prosecuted to hinder, delay, or defraud any creditor or creditors of the defendant.
Σελίδα 497 - Prima facie evidence is that which suffices for the proof of a particular fact, until contradicted and overcome by other evidence. For example: the certificate of a recording officer is prima facie evidence of a record, but it may afterward be rejected upon proof that there is no such record.