Reports of Cases Determined in the Supreme Court of the State of California, Volum 20Bancroft-Whitney, 1906 |
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action administrator affidavit affirmed alleged amount answer appeal applied appointment Aspinwall attorney authority averments California cited city of San claim Clark Clerk coin commenced complaint conclusive Congress Constitution contract conveyance corporation County Clerk Court of Chancery Court of Equity creditors debts decision declaration decree deed defendant delivered the opinion demurrer District Court dollars effect equity escheat evidence execution facts filed fraud Government grant heirs held interest issue Judge judgment Judicial District jurisdiction jury land legal tender Legislature mandamus McGlynn ment mortgage objection parties patent payment persons petition plaintiff possession Practice Act premises present Probate Court proceedings proof provisions purchaser question real estate real property record rendered res judicata San Francisco Sheriff sold Sonoma county statute sufficient Supreme Court Table Mountain thereof tion trial trust United validity verdict void Washburn witness
Populære avsnitt
Side 317 - ... lawful money and a legal tender in payment of all debts, public and private, within the United States, except duties on imports and interest as aforesaid.
Side 555 - ... that its abandonment ought not to be presumed, in a case, in which the deliberate purpose of the State to abandon it does not appear.
Side 225 - No action for the recovery of real property, or for the recovery of the possession thereof, shall be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grantor, was seized .or possessed of the premises in question within twenty years before the commencement of such action.
Side 583 - Commerce, undoubtedly, is traffic, but it is something more, — it is intercourse. It describes the commercial intercourse between nations, and parts of nations, in all its branches, and is regulated by prescribing rules for carrying on that intercourse.
Side 460 - ... first, that the judgment of a Court of concurrent jurisdiction directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another Court...
Side 463 - But neither the judgment of a concurrent or exclusive jurisdiction is evidence of any matter which came collaterally in question, though within their jurisdiction, nor of any matter incidentally cognizable, nor of any matter to be inferred by argument from the judgment.
Side 168 - A final judgment or decree in any suit, in the highest court of law or equity of a State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity...
Side 41 - 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 164 - ... the jury before whom any person indicted for murder shall be tried, shall, if they find such person guilty thereof...
Side 402 - Such judgment or adjudication is final and conclusive, not only as to the matter actually determined, but as to every other matter which the parties might have litigated and have had decided, as incident to or essentially connected with the subject-matter of the litigation, and every matter coming within the legitimate purview of the original action, both in respect to matters of claim and of defence