The Pacific Reporter, Band 6West Publishing Company, 1885 |
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Seite 49
... evidence against him , the prisoner must take upon himself the burden of satisfying the jury by a preponderance of evidence that such circumstances existed at the time of the killing , to the extent of raising in their minds a ...
... evidence against him , the prisoner must take upon himself the burden of satisfying the jury by a preponderance of evidence that such circumstances existed at the time of the killing , to the extent of raising in their minds a ...
Seite 56
... evidence . Thereupon the prosecution withdrew the question . Lochrie was then called , and testified in substance as follows : " I witnessed the dying declaration , and asked some of the questions . It was written down correctly . I ...
... evidence . Thereupon the prosecution withdrew the question . Lochrie was then called , and testified in substance as follows : " I witnessed the dying declaration , and asked some of the questions . It was written down correctly . I ...
Seite 60
... EVIDENCE . DEFECTIVE RECORD - VERDICT CON- The appellate court will not say that a verdict is contrary to the evidence unless the evidence is properly before it . 2. SAME - INSTRUCTIONS OF COURT INAPPLICABLE TO EVIDENCE . The appellate ...
... EVIDENCE . DEFECTIVE RECORD - VERDICT CON- The appellate court will not say that a verdict is contrary to the evidence unless the evidence is properly before it . 2. SAME - INSTRUCTIONS OF COURT INAPPLICABLE TO EVIDENCE . The appellate ...
Seite 61
... evidence unless the evidence is properly be- fore us ; and whether or not , in this case , the verdict is contrary to law , depends so much upon the evidence that we cannot say that it is so unless we can consider the evidence . The ...
... evidence unless the evidence is properly be- fore us ; and whether or not , in this case , the verdict is contrary to law , depends so much upon the evidence that we cannot say that it is so unless we can consider the evidence . The ...
Seite 69
... evidence upon the trial of their claim sued upon . The husband filed no answer in the case , but the wife interposed ... evidence , and the appellants ' counsel excepted to the ruling . The appellants , in consequence of the ruling ...
... evidence upon the trial of their claim sued upon . The husband filed no answer in the case , but the wife interposed ... evidence , and the appellants ' counsel excepted to the ruling . The appellants , in consequence of the ruling ...
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affirmed alleged amended amount answer appellant assignment Atchison county attachment authority averment bonds cause of action charge Charles Bent claim Code Code Civil complaint concur constitution contract counsel court of equity creditors Custer county damages decree deed defendant in error defendant's demurrer district court ditch duty entitled equity evidence executed fact favor fendant Filed March Fyhrie grant held Hodgeman county injury instructions intent interest issue judgment jurisdiction jury land levied liable lien March 14 Meixell ment mortgage motion notice objection owner paid parties payment person petition Placerville plaintiff in error pleadings possession premises proceedings promissory note purchase question railroad company reason recover rendered respondent rule Sacramento Valley Railroad statute sufficient superior court supreme court sustained testified testimony thereof tiff tion trial trust verdict witness writ
Beliebte Passagen
Seite 443 - That whenever by priority of possession rights to the use of water for mining, agricultural, manufacturing, or other purposes have vested and accrued and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same...
Seite 80 - Any county, city, town, or township may make and enforce within its limits all such local, police, sanitary, and other regulations as are not in conflict with general laws.
Seite 752 - In an action by a mortgagee for the foreclosure of his mortgage and sale of the mortgaged property, where it appears that the mortgaged property is in danger of being lost, removed or materially injured, or that the condition of the mortgage has not been performed and that the property is probably insufficient to discharge the mortgage debt.
Seite 9 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
Seite 725 - In the construction of a pleading for the purpose of determining its effect, its allegations shall be liberally construed, with a view to substantial justice between the parties.
Seite 464 - 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.
Seite 706 - That suits in equity shall not be sustained in either of the courts of the United States, in any case where plain, adequate and complete remedy may be had at law.
Seite 158 - ... with the Constitution of the United States or the constitution of the State of New York.
Seite 702 - The former verdict or other decision may be vacated and a new trial granted, on the application of the party aggrieved, for any of the following causes, materially affecting the substantial rights of such party: 1.
Seite 320 - No private property shall be taken or damaged for public or private use without just compensation having been first made, or paid into court for the owner...