West Coast Reporter ...: Containing All the Decisions as Fast as Filed of the Following Courts: United States Circuit and District Courts of California, Colorado, Nevada, and Oregon, and the Supreme Courts of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming ; Also Legal Essays and Editorial Notes, Volum 8
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affirmed Alameda county alleged amended amount answer appeal appellant application attorney authority bond cause of action city and county civil procedure claim code of civil Colton complaint concurred constitution contract counsel county of San court of equity creditors damages declared decree deed defendant defendant's demurrer duty entered in favor entitled equity error evidence executed facts granted ground held issue John Beard judge judgment and order jury land liable lien matter ment mortgage motion notice opinion order denying paid parties patent payment person petitioner plaintiff plaintiff in error pleadings Plumas Eureka possession premises proceedings promissory note purchase question reason recover respondent San Francisco Sanor statement statute statute of limitations sufficient suit superior court supreme court sureties testimony thereof thousand dollars tion trial trust verdict West Coast Rep witness writ
Side 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.
Side 677 - ... connected with the subject of the action. Section 127 of the Revised Code of Civil Procedure provides: "The counterclaim mentioned in the last section must be one existing in favor of a defendant, and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action : 1.
Side 715 - The writ of injunction shall not be granted by any court of the United States to stay proceedings in any court of a State, except in cases where such injunction may be authorized by any law relating to proceedings in bankruptcy.
Side 406 - Deceased, do make or cause to be made a true and perfect Inventory...
Side 428 - 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.
Side 8 - The location must be distinctly marked on the ground so that its boundaries can be readily traced. All records of mining claims hereafter made shall contain the name or names of the locators, the date of the location, and such a description of the claim or claims located by reference to some natural object or permanent monument as will identify the claim.
Side 746 - ... approved March twenty-second, eighteen hundred and eighty-two; but sections six, seven, and eight of said Act, and sections one, two, and twenty-six of an Act entitled "An Act to amend an Act entitled 'An Act to amend section fifty-three hundred and fifty-two of the Revised Statutes of the United States, in reference to bigamy, and for other purposes,' approved March twenty-second, eighteen hundred and eighty-two," approved March third, eighteen hundred and eightyseven, are hereby continued In...
Side 40 - Except as otherwise provided in the next section every person transacting business in this state under a fictitious name and every partnership transacting business in this state under a fictitious name, or a designation not showing the names of the persons interested as partners in such business...
Side 754 - No action for the recovery of real property, or for the recovery of the possession thereof, can be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grantor, was seised or possessed of the property in question, within twenty years before the commencement of the action.
Side 169 - The principle is believed to be universal, that a prior lien gives a prior claim, which is entitled to prior satisfaction, out of the subject it binds, unless the lien be intrinsically defective, or be displaced by some act of the party holding it which shall postpone him in a Court of law or equity to a subsequent claimant.