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action Affirmed agent alleged amount answer appeal application attorney authority Bank cause charge Civil claim clerk Code complaint condition consideration Constitution contract convicted corporations counsel crime criminal damages Decided deed defendant defendant's demand denying determine direct district court duty effect entered entitled equity error evidence execution exercise fact failed favor filed follows further give given granted ground held injury instruction intent interest issue Judge judgment jurisdiction jury JUSTICE land lien matter meaning ment Mont mortgage motion necessary negligence notice objection offense officer opinion paid party payment person plaintiff pleading presented prior provisions purchaser question reason received record recover referred refused relief RESPONDENT result rule Smith statement statute Submitted sufficient suit sustained term testimony tion trial verdict witness
Seite 540 - It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Seite 510 - ... 1. For a public offense committed or attempted in his presence. "2. When a person arrested has committed a felony, although not in his presence. "3. When a felony has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it.
Seite 131 - A fee simple title is presumed to be intended to pass by a grant of real property, unless it appears from the grant that a lesser estate was intended.
Seite 579 - Negligence is the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances of the situation, or doing what such a person under the existing circumstances would not have done.
Seite 76 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Seite 390 - No case or principle can be found, or if found can be maintained, subjecting an individual to liability for an act done without fault on his part. * * * All the cases concede that an injury arising from inevitable accident, or, which in law or reason is the same thing, from an act that ordinary human care and foresight are unable to guard against, is but the misfortune of the sufferer, and lays no foundation for legal responsibility.
Seite 64 - ... on the face, or on the margin of the record of the judgment, or by the attorney, unless a revocation of his authority is filed. Whenever a judgment is satisfied in fact, otherwise than upon an execution, the party or attorney must give such acknowledgment, or make such indorsement, and, upon motion, the court may compel it, or may order the entry of satisfaction to be made without it.
Seite 309 - Words and phrases are construed according to the context and the approved usage of the language; but technical words and phrases, and such others as may have acquired a peculiar and appropriate meaning...