California Legal Record, Volum 1 |
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Side 9
It is claimed that the power of attorney and the deed ( both of them having been
made before the deed of Misroon to Coggill ) prove that the premises therein
described are within the exception contained in the deed of Misroon to Coggill .
It is claimed that the power of attorney and the deed ( both of them having been
made before the deed of Misroon to Coggill ) prove that the premises therein
described are within the exception contained in the deed of Misroon to Coggill .
Side 43
... the reasonable value of the work actually done , and the contract , so far as it
has been performed , has been performed in accordance with the specifications
therein contained , the contract may ordinarily be introduced as evidence of value
.
... the reasonable value of the work actually done , and the contract , so far as it
has been performed , has been performed in accordance with the specifications
therein contained , the contract may ordinarily be introduced as evidence of value
.
Side 47
Parties to an action have a right to both affirmative and negative pleadings ; and
instructions must not be given by the Court to find a verdict based on the one that
will deprive the party of any benefit contained in the other , SAME - - Affirmative ...
Parties to an action have a right to both affirmative and negative pleadings ; and
instructions must not be given by the Court to find a verdict based on the one that
will deprive the party of any benefit contained in the other , SAME - - Affirmative ...
Side 48
The answer of the defendant contained several denials and one averment of new
matter relied upon as a defense . The denials were : First - That plaintiff was
owner of the personal property mentioned in the complaint . Second - That the ...
The answer of the defendant contained several denials and one averment of new
matter relied upon as a defense . The denials were : First - That plaintiff was
owner of the personal property mentioned in the complaint . Second - That the ...
Side 49
This instruction was erroneous , in that it deprived the defendants of the benefit of
the denials contained in their answer . They had the right to set up negative as
well as affirmative defenses to the action , and the affirmative matter , separately ...
This instruction was erroneous , in that it deprived the defendants of the benefit of
the denials contained in their answer . They had the right to set up negative as
well as affirmative defenses to the action , and the affirmative matter , separately ...
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acres action affirmed alleged allowed amount answer appeal application attorney attorney for plaintiff August authority bank bill Board brought California cause charge claim Commissioner Company complaint contract corporation costs County damages decided decision decree deed defendant defendant and appellant denied District Court effect entered entitled evidence executed fact filed final findings further give given grant ground held interest issued January Judge judgment Judgment and order July June jury land March matter ment mortgage motion notice October opinion owner paid parties patent payment person plaintiff possession premises present proceedings proved purchase question reason received record recover refused remanded rendered respondent reversed rule San Francisco selected September sold STATEMENT statute suit Supreme Court survey taken term tion tract trial United witness
Populære avsnitt
Side 83 - An action may be brought by any person against another who claims an estate or interest in real property, adverse to him, for the purpose of determining such adverse claim...
Side 344 - In a civil Court the death of a human being could not be complained of as an injury; and in this case the damages to the plaintiff's wife must stop with the period of her existence.
Side 75 - That whenever by priority of possession rights to the use of water for mining, agricultural, manufacturing, or other purposes have vested and accrued and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same...
Side 64 - It is a well settled rule that a witness cannot be cross-examined as to any fact which is collateral and irrelevant to the issue, merely for the purpose of contradicting him by other evidence, if he should deny it, thereby to discredit his testimony.
Side 361 - The principle is, that where the owner of two tenements sells one of them, or the owner of an entire estate sells a portion, the purchaser takes the tenement or portion sold with all the benefits and burdens which appear at the time of the sale to belong to it, as between it and the property which the vendor retains.
Side 340 - The General Assembly shall provide such revenue as may be needful, by levying a tax, by valuation, so that every person and corporation shall pay a tax in proportion to the value of his, her, or its property...
Side 360 - An act granting the right of way to ditch and canal owners over the public lands, and for other purposes...
Side 290 - States, valuable chiefly for timber, but unfit for cultivation, and which have not been offered at public sale, according to law, may be sold to citizens of the United States, or persons who have declared their intention to become such...
Side 218 - That this act shall not delay the sale of any of the public lands of the United States beyond the time which has been, or may be, appointed by the proclamation of the President, nor shall the provisions of this act be available to any person or persons who shall fail to make the proof and payment, and file the affidavit required before the day appointed for the commencement of the sales as aforesaid.
Side 240 - The constitutional guaranty of the right of the people to be secure in their papers against unreasonable searches and seizures extends to their papers, thus closed against inspection, wherever they may be. Whilst in the mail, they can only be opened and examined under like warrant, issued upon similar oath or affirmation, particularly describing the thing to be seized, as is required when papers are subjected to search in one's own household.