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action actual affidavit alleged allowed amount answer appellant application Argument authority bill cause challenge charged cited claimed clearly committed common Comp consideration considered constitution construction convicted corporation correct counsel Court-Hawley crime criminal damages decided decision defendant determine discharge district court doubt duty effect entered entitled error evidence exceptions execution existence expressed facts favor filed follows formed give given ground guilty held indictment instruction intent interest judge judgment jurisdiction juror jury land language legislature matter meaning ment mining motion necessary Nevada notice objection offense Opinion party person petitioner plaintiff possession practice presented proceedings proper prove provisions question reason record referred refused relator respect Respondent rule statement statute sufficient sustained taken term testimony tion trial unless verdict witness writ
Seite 243 - A judgment is the final determination of the rights of the parties in the action or proceeding, and may be entered in term or vacation.
Seite 286 - ... he will pay the value of the use and occupation of the property, from the time of the appeal until the delivery of possession thereof, pursuant to the judgment or order, not exceeding a sum to be fixed by the judge of the court by which the judgment was rendered or order made, and which shall be specified in the undertaking.
Seite 344 - It is not mere possible doubt; because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Seite 34 - In all other cases the defendant may be found guilty of any offense, the commission of which is necessarily included in that with which he is charged in the indictment.
Seite 345 - By satisfactory evidence, which is sometimes called sufficient evidence, is intended that amount of proof which ordinarily satisfies an unprejudiced mind beyond reasonable doubt. The circumstances which will amount to this degree of proof can never be previously defined; the only legal test of which they are susceptible is their sufficiency to satisfy the mind and conscience of a common man; and so to convince him, that he would venture to act upon that conviction, in matters of the highest concern...
Seite 365 - Greenleaf (volume 2, § 253), that "damages are given as a compensation or satisfaction to the plaintiff for an injury actually received by him from the defendant. They should be precisely commensurate with the injury, neither more nor less; and this whether it be to his person or estate" — although it is stoutly maintained by so eminent an anthor as Mr.
Seite 142 - 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.
Seite 232 - A statement of the facts constituting the cause of action, in ordinary and concise language...
Seite 135 - The powers of the Government of the State of California shall be divided into three separate departments — the legislative, executive, and judicial ; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any functions appertaining to either of the others, except as in this Constitution expressly directed or permitted.