The Pacific Reporter, Volume 81West Publishing Company, 1905 |
From inside the book
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Page 3
termination of the case cannot be reviewed in a court of equity . A court of equity is not a court of errors to review the acts of public officers in the assessment and collec- tion of taxes , and it will not revise their decisions upon ...
termination of the case cannot be reviewed in a court of equity . A court of equity is not a court of errors to review the acts of public officers in the assessment and collec- tion of taxes , and it will not revise their decisions upon ...
Page 16
... equity , if he elects to proceed at law , he may do so . Of course , the converse of that proposition is not true ; for if one has a remedy at law , which is plain , speedy , and adequate , he can- not have any standing in a court of equity ...
... equity , if he elects to proceed at law , he may do so . Of course , the converse of that proposition is not true ; for if one has a remedy at law , which is plain , speedy , and adequate , he can- not have any standing in a court of equity ...
Page 48
... court of equity will not grant the aid of specific performance where the party invoking its aid has not parted with any consideration or property , and no irreparable damage is suf- fered , and no fraud is inflicted upon him , and where ...
... court of equity will not grant the aid of specific performance where the party invoking its aid has not parted with any consideration or property , and no irreparable damage is suf- fered , and no fraud is inflicted upon him , and where ...
Page 50
... equity should be invoked in behalf of the plaintiffs . If the court should refuse to de- cree them a perpetual ... court to grant plaintiffs a decree will leave them absolutely in statu quo . But courts of equity grant relief in such ...
... equity should be invoked in behalf of the plaintiffs . If the court should refuse to de- cree them a perpetual ... court to grant plaintiffs a decree will leave them absolutely in statu quo . But courts of equity grant relief in such ...
Page 53
... equity applicable to insolvents , and he who would refute the presumption thus raised against him should be required ... court should hold them reasonable and fair , we cannot avoid the conclusion that the plaintiff has no standing in this ...
... equity applicable to insolvents , and he who would refute the presumption thus raised against him should be required ... court should hold them reasonable and fair , we cannot avoid the conclusion that the plaintiff has no standing in this ...
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Common terms and phrases
action affidavit affirmed alleged amount appeal Ariz assessment assignment attorney authority bill cause Cent claim Clark county Code Colo complaint concur Constitution contract corporation coun counsel county seat court of equity damages decree deed defendant's demurrer denied District Court duty entitled evidence executed facts favor fendant filed grant held Idaho interest issue Judge judgment jurisdiction jury justice Kootenai county land Legislature lien ment Mont mortgage motion Nevada Central Railroad Nez Perce county notice owner paid parties payment person petition pike pole plaintiff in error possession proceedings purchase purpose question railroad reason record respondent rule Shoshone county Silver Bow County statute superior court Supreme Court testimony therein thereof tiff tion trial court trust Utah valid verdict void witness writ
Popular passages
Page 24 - ... the claim or mine upon which such failure occurred shall be open to relocation, in the same manner as if no location of the same had ever been made...
Page 399 - Procedure to the effect that an agreement authorizing or employing an agent or broker to purchase or sell real estate for compensation or commission is invalid, unless the same, or some note or memorandum thereof, be in writing, and subscribed by the party to be charged, or by his agent, and that evidence thereof cannot be received without the writing or secondary evidence of its contents.
Page 65 - All political power is inherent in the people. Government is instituted for their equal protection and benefit; and they have the right to alter, reform, or abolish the same whenever they may deem it necessary; and no special privileges or immunities shall ever be granted that may not be altered, revoked, or repealed by the general assembly.
Page 66 - Gray, 84, is applicable, that if the different parts "are so mutually connected with and dependent on each other, as conditions, considerations or compensations for each other, as to warrant a belief that the legislature intended them as a whole, and that, if all could not be carried into effect, the legislature would not pass the residue independently, and some parts are unconstitutional, all the provisions which are thus dependent, conditional or connected, must fall with them.
Page 369 - In all the cases enumerated in the preceding section, and in all other cases where a general law can be made applicable, all laws shall be general, and of uniform operation throughout the State.
Page 245 - ... the party of the first part under this agreement without any notice or demand by the party of the second part.
Page 225 - The courts are not the guardians of the rights of the people of the state, except as those rights are secured by some constitutional provision which comes within the Judicial cognizance.
Page 61 - All political power is inherent in the PEOPLE. Government is instituted for their equal protection and benefit ; and they have the right to alter, reform or abolish the same whenever they may deem it necessary ; and no special privileges or immunities shall ever be granted that may not be altered, revoked, or repealed by the General Assembly.
Page 376 - The adverse party may except to the sufficiency of the sureties within five days after the filing of the undertaking, and unless they or other sureties justify before the justice...
Page 63 - No county seat shall be removed unless two-thirds of the qualified electors of the county, voting on the proposition at a general election, shall vote in favor of such removal.