The Pacific Reporter, Volume 138West Publishing Company, 1914 - Law reports, digests, etc |
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Common terms and phrases
affirmed alleged amount Appeal and Error appellee assessed assignment authority bank bond cause of action Cent charge claim Code Colo complaint concur Constitution contract corporation counsel county court damages decree deed defendant's denied District Court ditch election eminent domain entitled evidence fact favor fendant filed granted held Idaho injury instruction interest issued Judge judgment jurisdiction jury Key-No land lease lien ment mortgage motion negligence Note.-For NUMBER in Dec Oklahoma Oneida county ordinance owner paid party patent payment person petition plaintiff in error pleadings Power county proceedings purchase purpose question quiet title reason record Rep'r Indexes respondent rule Seattle section NUMBER Series & Rep'r statute Superior Court supra Supreme Court taxes testimony thereof tidelands tion topic and section trial court verdict void Wash witness
Popular passages
Page 29 - ... the delivery may be shown to have been conditional, or for a special purpose only, and not for the purpose of transferring the property in the instrument.
Page 144 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 238 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Page 200 - 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.
Page 158 - Referendum petitions shall be filed with the secretary of state not more than ninety days after the final adjournment of the session of the legislative assembly which passed the bill on which the referendum is demanded.
Page 312 - Where the instrument is paid by a party secondarily liable thereon, it is not discharged; but the party so paying it is remitted to his former rights as regards all prior parties, and he may strike out his own and all subsequent indorsements, and again negotiate the instrument, except: 1.
Page 56 - I have only to add that the facts of this case do not bring it within the principle laid down in Stubbs v.
Page 312 - A negotiable instrument is discharged: 1. By payment in due course by or on behalf of the principal debtor.
Page 287 - ... petition, and every such petition shall include the full text of the measure so proposed. Initiative petitions shall be filed with the secretary of state not less than four months before the election at which they are to be voted upon.
Page 245 - 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.