The Pacific Reporter, Volume 218West Publishing Company, 1924 |
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Common terms and phrases
affirmed agreement alleged amended amount Appeal from Superior appellant application assessment authority bank Cache County cause of action cent charge claim Code Commission Company complaint concur Constitution contention contract corporation damages decree deed defendant defendant's demurrer denied deposit depositor Digests and Indexes dismiss District Court Duffill entitled Ernest Green error evidence executed fact fendant filed finding fraud Garvin county held Idaho indorsed interest issue Judge judgment jury Key-Numbered Digests Kootenai county land lease ment mortgage motion negligence paid parties payment person petitioner plaintiff plaintiff in error pleadings purchase question reason record rendered replevin respondent rule Shoshone county statute street Superior Court Supreme Court sustained testified testimony thereof tiff tion topic and KEY-NUMBER trial court trust Utah verdict Wash wife witness
Popular passages
Page 337 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.
Page 413 - Act to charge or receive any greater compensation in the aggregate for the transportation of passengers, or of like kind of property, for a shorter than for a longer distance over the same line or route in the same direction...
Page 413 - That upon application to the Commission appointed under the provisions of this act, such common carrier may, in special cases, after investigation by the Commission, be authorized to charge less for longer than for shorter distances for the transportation of passengers or property ; and the Commission may from time to time prescribe the extent to which such designated common carrier may be relieved from the operation of this section of this act.
Page 413 - That it shall be unlawful for any common carrier subject to the provisions of this Act to charge or receive any greater compensation in the aggregate for the transportation of passengers or of like kind of property, under substantially similar circumstances and conditions, for a shorter than for a longer distance over the same line, in the same direction, the shorter being included within the longer distance...
Page 384 - The cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
Page 400 - Whenever the defendant seeks affirmative relief against any party, relating to or depending upon the contract, transaction, matter, happening or accident upon which the action is brought, or affecting the property to which the action relates...
Page 261 - Actions for the recovery of any property, real or personal, or for the possession thereof, or to quiet title thereto, or to determine any adverse claim thereon, and all actions founded upon contracts, may be maintained by and against executors and administrators in all cases in which the same might have been maintained by or against their respective testators or intestates.
Page 366 - All patents granted, or pre-emption or homesteads allowed, shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or recognized by the preceding section.
Page 471 - ... an agreement between two or more parties to do or not to do a certain thing (Sturges v.
Page 429 - ... by a depositor against a bank for the payment of a forged or raised check, or a check that bears a forged or unauthorized endorsement.