The Pacific Reporter, Volume 148West Publishing Company, 1915 - Law reports, digests, etc |
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adverse possession affirmed alleged amended amount Appeal and Error appellant April 13 April 27 assessment assignment authority bank bill cause of action Cent charge chattel chattel mortgage claim clerk Code Colo complaint contract corporation counsel court erred court of equity damages decree deed defendant in error defendant's demurrer denied Digests and Indexes District Court employés evidence executed fact fendant filed finding Fodera fraud held injury instruction issue Judge judgment jury Kay county Key-Numbered Digests land lien ment mortgage motion negligence Note Note.-For Oklahoma owner paid party payment person petition plaintiff in error pleadings possession proceedings purchase question quiet title railroad reason record respondent rule statute street sufficient Supreme Court testified testimony thereof tiff tion topic and KEY-NUMBER trial court verdict Wash witness Рас
Popular passages
Page 278 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the court says he has no right to be assisted. It is upon that ground the court goes; not for the sake of defendant, but because they will not lend their aid to such a plaintiff.
Page 278 - For no country ever takes notice of the revenue laws of another. " <The objection, that a contract is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as between him and the plaintiff, by accident, if I may so say. The principle of public policy...
Page 414 - Where the transferee receives notice of any infirmity in the instrument or defect in the title of the person negotiating the same before he has paid the full amount agreed to be paid therefor, he will be deemed a holder in due course only to the extent of the amount theretofore paid by him.
Page 239 - ... 1. Where it has been usually cultivated or improved; 2. Where it has been protected by a substantial inclosure; 3.
Page 125 - It cannot be deemed a part of the liberty of any contractor that he be allowed to do public work in any mode he may choose to adopt, without regard to the wishes of the state. On the contrary, it belongs to the state, as the guardian and trustee for its people, and having control of its affairs, to prescribe the conditions upon which it will permit public work to be done on its behalf, or on behalf of its municipalities.
Page 65 - No estate or interest in real property, other than for leases for a term not exceeding one year, nor any trust or power over or concerning it, or in any manner relating thereto, can be created, granted, assigned, surrendered, or declared, otherwise than by operation of law, or a conveyance or other instrument in writing, subscribed by the party creating, granting, assigning, surrendering, or declaring the same, or by his lawful agent thereunto authorized by writing.
Page 278 - The principle of public policy is this; ex dolo malo non oritur actio. No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Page 16 - On the trial of any proceeding for any forcible entry or forcible detainer, the plaintiff shall only be required to show, in addition to the forcible entry or forcible detainer complained of, that he was peaceably in the actual possession at the time of the forcible entry, or was entitled to the possession at the time of the forcible detainer.
Page xiv - The privileges of this law," as you will perceive, " are extended to every person who is the head of a family, or who has arrived at the age of twenty-one years, and is a citizen of the United States, or has declared his intention of becoming such, and who has done no disloyal act, direct or indirect.
Page 88 - A proposal to accept, or an acceptance, upon terms varying from those offered, is a rejection of the offer, and puts an end to the negotiation, unless the party who made the original offer renews it, or assents to the modification suggested.