The Pacific Reporter, Svazek 13West Publishing Company, 1887 |
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affidavit affirmed alleged amended answer appellant appellee assignment attorney authority cars cause of action charge Cherokee county claim clerk Code Civil Proc commenced complaint concur contract corporation counsel Court of California court of equity creditors damages deceased deed defendant defendant's demurrer denied district court entitled equity evidence execution facts favor fendant filed follows given ground held indictment instruction intent issue judge judgment jurors jury justice Kansas land legislature liable lien Lillian Harman marriage ment mortgage motion negligence nonsuit objection paid parties payment person plaintiff in error pleadings possession premises proceedings purchase purpose question railroad reason record recover refused rendered respondent Riley county rule Seward county Seward township sheriff statute sufficient suit superior court Supreme Court territory testimony therein thereof tion trial Umatilla county verdict witness Woolston
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Strana 253 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers, and no others : First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted ; third, those essential to the accomplishment of the declared objects and purposes of the corporation — not simply convenient, but indispensable. Any fair, reasonable, substantial doubt concerning the existence of power is resolved...
Strana 312 - Though the law itself be fair on its face and impartial in appearance, yet, if it is applied and administered by public authority with an evil eye and an unequal hand, so as practically to make unjust and illegal discriminations between persons in similar circumstances, material to their rights, the denial of equal justice is still within the prohibition of the Constitution.
Strana 86 - 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.
Strana 426 - When the death of a person not being a minor, or when the death of a minor person who leaves surviving him either a husband or wife or child or children, is caused by the wrongful act or neglect of another, his heirs or personal representatives may maintain an action for damages against the person causing the death...
Strana 357 - An action may be brought by any person against another who claims an estate or interest in real property, adverse to him, for the purpose of determining such adverse claim...
Strana 456 - No State shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States...
Strana 611 - The provisions of this chapter shall not be construed in any manner to affect or impair the title of a purchaser for a valuable consideration, unless it shall appear that such purchaser had previous notice of the fraudulent intent of his immediate grantor, or of the fraud rendering void the title of such grantor.
Strana 90 - In an indictment or information for perjury, or subornation of perjury, it is sufficient to set forth the substance of the controversy or matter in respect to which the...
Strana 456 - The natural and proper timidity and delicacy which belongs to the female sex evidently unfits it for many of the occupations of civil life. The constitution of the family organization, which is founded in the divine ordinance, as well as in the nature of things, indicates the domestic sphere as that which properly belongs to the domain and functions of womanhood.
Strana 531 - In cases of voluntary manslaughter there must be a serious and highly provoking injury inflicted upon the person killing, sufficient to excite an irresistible passion in a reasonable person, or an attempt by the person killed to commit a. serious personal injury on the person killing.