The Pacific Reporter, Volym 179West Publishing Company, 1919 |
Från bokens innehåll
Resultat 1-5 av 100
Sida 7
... issues are no longer the same , and consequently the former judgment cannot be pleaded in bar . 23 Cyc . 1161 . 2. JUDGMENT 585 ( 5 ) -ESTOPPEL BY JUDG- MENT - DIFFERENT ISSUES " CAUSE OF AC- TION . " The plaintiff brought action on a ...
... issues are no longer the same , and consequently the former judgment cannot be pleaded in bar . 23 Cyc . 1161 . 2. JUDGMENT 585 ( 5 ) -ESTOPPEL BY JUDG- MENT - DIFFERENT ISSUES " CAUSE OF AC- TION . " The plaintiff brought action on a ...
Sida 8
... issues are no longer the same , and consequently the former judgment . cannot be pleaded in bar . " In People v ... issue , may be shown to prevent a former judgment from being conclusive . The reason is obvious . If the rights did ...
... issues are no longer the same , and consequently the former judgment . cannot be pleaded in bar . " In People v ... issue , may be shown to prevent a former judgment from being conclusive . The reason is obvious . If the rights did ...
Sida 34
... issue is not cu- evidence of a distinct probative fact is not cu- mulative evidence of another fact , although Although This court , in the case of Goldie v . Corder , both facts support the same issue . 35 Okl . 247 , 129 Pac . 3 ...
... issue is not cu- evidence of a distinct probative fact is not cu- mulative evidence of another fact , although Although This court , in the case of Goldie v . Corder , both facts support the same issue . 35 Okl . 247 , 129 Pac . 3 ...
Sida 35
... issue at the trial is the gen- uineness of a receipt , the newly discovered ( Supreme Court of Oklahoma . Feb. 25 , 1919. ) testimony of a witness who saw the payment made is neither additional evidence to sup- port the same point , nor ...
... issue at the trial is the gen- uineness of a receipt , the newly discovered ( Supreme Court of Oklahoma . Feb. 25 , 1919. ) testimony of a witness who saw the payment made is neither additional evidence to sup- port the same point , nor ...
Sida 38
... ISSUES OF FACT - TRIAL BY COURT - STATUTE . Issues of fact arising in a civil action , other than one for the recovery of money , or of spe- cific real or personal property , are triable to the court , subject to its power to order any ...
... ISSUES OF FACT - TRIAL BY COURT - STATUTE . Issues of fact arising in a civil action , other than one for the recovery of money , or of spe- cific real or personal property , are triable to the court , subject to its power to order any ...
Andra upplagor - Visa alla
Vanliga ord och fraser
acequias affirmed agreement alleged amended amount Appeal from Superior appellant assessment authority bank bonds cause of action charge claim Code Colo complaint concur constitute contention contract contributory negligence corporation damages deceased deed defendant defendant's demurrer denied Digests and Indexes District Court eminent domain employé entitled evidence executed fact favor fendant filed finding held injury interest issue Judge jury Key-Numbered Digests land lease levy liability lien liquor Mayes county ment mortgage motion MUNICIPAL CORPORATIONS negligence owner paid parties payment person petition plaintiff in error pleadings possession purchase question quiet title real estate reason recover replevin res adjudicata respondent rule Russell Springs statute street sufficient Superior Court Supreme Court testimony thereof tiff tion topic and KEY-NUMBER trial court verdict witness writ
Populära avsnitt
Sida 210 - ... no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this state.
Sida 161 - ... 1. At a fixed period after date or sight ; or 2. On or before a fixed or determinable future time specified therein; or 3. On or at a fixed period after the occurrence of a specified event, which is certain to happen, though the time of happening be uncertain. An instrument payable upon a contingency is not negotiable, and the happening of the event does not cure the defect.
Sida 405 - A contract may be explained by reference to the circumstances under which it was made, and the matter to which it relates.
Sida 264 - An action does not abate by the death, marriage or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue.
Sida 209 - If the offense charged be punishable with death, the entertaining of such conscientious opinions as would preclude his finding the defendant guilty; in which case he must neither be permitted nor compelled to serve as a juror.
Sida 25 - This company shall not be liable beyond the actual cash value of the property at the time any loss or damage occurs, and the loss or damage shall be ascertained or estimated according to such actual cash value, with proper deduction for depreciation however caused, and shall in no event exceed what it would then cost the insured to repair or replace the same with material of like kind and quality...
Sida 292 - ... the person receiving it, or to be benefited thereby, or his agent acting therein, shall then have reasonable cause to believe that the enforcement of such judgment or transfer would effect a preference, it shall be voidable by the trustee and he may recover the property or its value from such person...
Sida 192 - ... resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.
Sida 387 - Every person in the service of the State, or any county, city and county, city, town, village or school district therein, and all public corporations, under any appointment or contract of hire, express or implied, oral or written...
Sida 252 - A check of itself does not operate as an assignment of any part of the funds to the credit of the drawer with the bank, and the bank is not liable to the holder, unless and until it accepts or certifies the check.