The Pacific Reporter, Band 6West Publishing Company, 1885 |
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Seite 50
... testimony was so clear , posi- tive , and uncontradicted that the court would be authorized to in- struct the jury that the uncontested facts did not bring the case within any of the higher degrees of homicide ; but whether the de ...
... testimony was so clear , posi- tive , and uncontradicted that the court would be authorized to in- struct the jury that the uncontested facts did not bring the case within any of the higher degrees of homicide ; but whether the de ...
Seite 51
... testimony that the appellant and the other two defendants came down from the carbonate mine early in the evening of Saturday ; that they were together visiting saloons and other places , and drinking quite freely ; that the deceased ...
... testimony that the appellant and the other two defendants came down from the carbonate mine early in the evening of Saturday ; that they were together visiting saloons and other places , and drinking quite freely ; that the deceased ...
Seite 54
... testimony was properly admitted , to be weighed by the jury . The period of time at which it was made , was so recent after the shooting as to justify its admission as a part of the res geste . No time had elapsed for the fabrication of ...
... testimony was properly admitted , to be weighed by the jury . The period of time at which it was made , was so recent after the shooting as to justify its admission as a part of the res geste . No time had elapsed for the fabrication of ...
Seite 55
... testimony of this kind to be admitted . The next question relates to the admissibility in evidence of the dying declaration of the deceased . The declarations were written , but were not signed by the deceased , and were as follows ...
... testimony of this kind to be admitted . The next question relates to the admissibility in evidence of the dying declaration of the deceased . The declarations were written , but were not signed by the deceased , and were as follows ...
Seite 56
... testimony in the case is subject to and weighed by the same rules as the testimony of any other witness . You are bound by it , so far as you believe it true . If you believe that what the de- fendant states on the stand is false , and ...
... testimony in the case is subject to and weighed by the same rules as the testimony of any other witness . You are bound by it , so far as you believe it true . If you believe that what the de- fendant states on the stand is false , and ...
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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...