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action affidavit affirmed alleged amount answer Appeal from superior appellant attorney authority cause certificate charge Civil Code claim Code Civil commenced commissioners complaint concur consent contract counsel Court of California court of equity damages decree deed defendant in error defendant's demurrer district court Douglas county duty entitled evidence execution fact fendant filed Fresno county grant ground held husband injury instructions issued James Bush Judge judgment jury justice Kansas land lease lien marriage ment mortgage motion N. W. Rep notice objection opinion overruled owner paid parties patent payment person petition plaintiff in error possession premises proceedings purchase question reason record recover refused rendered replevin respondent rule Rush county statute statute of frauds sufficient superior court Supreme Court taxes testimony thereof tion trial verdict wife William Bush William Sharon witness writ
Side 307 - A plaintiff in ejectment must recover upon the strength of his own title, and not upon the weakness of his adversary's...
Side 342 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
Side 276 - ... or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them ; or upon any agreement that is not to be performed within the space of one year from the making thereof ; unless the agreement, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Side 318 - Marriage is a personal relation arising out of a civil contract, to which the consent of parties capable of making it is necessary. Consent alone will not constitute marriage; it must be followed by a solemnization, or by a mutual assumption of marital rights, duties, or obligations.
Side 238 - The court may determine any controversy between the parties before it, when it can be done without prejudice to the rights of others or by saving their rights; but when a complete determination of the controversy cannot be had without the presence of other parties...
Side 520 - ... of another, his heirs or personal representatives may maintain an action for damages against the person causing the death, or if such person be employed by another person who is responsible for his conduct, then also against such other person. In every action under this and the preceding section, such damages may be given as under all the circumstances of the case, may be just.
Side 234 - ... 1. The surviving husband or wife, or some competent person whom he or she may request to have appointed. 2. The children. 3. The father and mother. 4. The brothers. ,' 5. The sisters. / 6. The grandchildren. 7. The next of kin entitled to share in the distribution of the estate.
Side 274 - That the judicial power of said Territory shall be vested in a supreme court, district courts, probate courts, and justices of the peace.
Side 457 - No law shall be revised or amended by reference to its title, but in such case the Act revised or section amended shall be reenacted and published at length as revised or amended...