Report of Cases Argued and Determined in the Supreme Court of the State of Arizona, Volume 18

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Bancroft-Whitney, 1917
 

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Page 448 - The writ of mandamus may be denominated the writ of mandate. SEC. 467. It may be issued by any court in this state, except a justice's, recorder's, or mayor's court, to any inferior tribunal, corporation, board, or person, to compel the performance of an act, which the law specially enjoins, as a duty resulting from an office, trust, or station...
Page 274 - Upon a trial for murder, the commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter, or that the defendant was justifiable or excusable.
Page 491 - All persons concerned in the commission of a crime, whether it be felony or misdemeanor, and whether they directly commit the act constituting the offense, or aid and abet in its commission, or, not being present, have advised and encouraged its commission...
Page 613 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 232 - ... and upon approval thereof by the Secretary of the Interior the same shall be noted upon the plats in said office ; and thereafter all such lands over which such right of way...
Page 512 - ... that it is their duty not to form or express an opinion thereon until the case is finally submitted to them.
Page 590 - ... when called upon to pronounce the invalidity of an act of legislation passed with all the forms and solemnities requisite to give it the force of law, courts will approach the question with great caution, examine it in every possible aspect, and ponder upon it as long as deliberation and patient attention can throw any new light on the subject, and never declare a statute void unless the nullity and invalidity of the act are placed, in their judgment, beyond reasonable doubt.
Page 239 - That all persons shall before conviction be bailable by sufficient sureties, except for capital offenses when the proof is evident or the presumption great.
Page 343 - This policy shall be canceled at any time at the request of the insured ; or by the company by giving five days' notice of such cancellation. If this policy shall be canceled as hereinbefore provided, or become void or cease, the premium having been actually paid, the unearned portion shall be returned on surrender of this policy or last renewal, this company retaining the customary short rate; except that when this policy is canceled by this company by giving notice it shall retain only the pro...
Page 68 - ... statutes or local usages of a fixed and permanent operation, as for example, to the construction of ordinary contracts or other written instruments, and especially to questions of general commercial law, where the state tribunals are called upon to perform the like functions as ourselves; that is, to ascertain upon general reasoning and legal analogies, what is the true exposition of the contract or instrument, or what is the just rule furnished by the principles of commercial law to govern the...

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