A Digest of the Decisions of the Supreme Court of the State of California: Contained in the Sixteen Volumes of Reports, from the Formation of the Court, in 1850, Until January, 1861, with a Complete List of Cases Affirmed, Reversed, Qualified, Commented Upon, Or Abrogated by Statute, Volum 2H. H. Bancroft, 1861 - 1136 sider |
Vanlige uttrykk og setninger
9 Cal action agent agreement alleged allowed amount answer appeal attachment authority averment bill bond cause charge City of San claim common complaint constitution contract conveyance corporation court creditor damages debt decree deed defendant duty effect entered entitled equity error evidence execution fact filed foreclosure fraud give given grant ground held hold hundred interest issue judge judgment jurisdiction jury land lease levy liable lien limited ment mining mortgage motion necessary notice objection owner paid party passed payment person plaintiff possession premises proceedings proof proper purchaser question received record recover refused rendered rent rule San Francisco sheriff sold statement statute subsequent sufficient suit supreme court taken tenant tion trial United unless valid vendor verdict vessel void witness
Populære avsnitt
Side 802 - Actions for the following causes must be tried in the county where the cause, or some part thereof, arose...
Side 998 - new grant.' since it is an undisputed principle, that the plaintiff must recover upon the strength of his own title, and not upon the weakness of his adversaries.
Side 976 - An act to appropriate the proceeds of the sales of the public lands, and to grant preemption rights...
Side 825 - To an appropriation within the 'meaning of the Constitution, nothing more is requisite than a designation of the amount, and the fund out of which it shall be paid.
Side 956 - If the city obtain money of another by mistake, or without authority of law, it is her duty to refund it — not from any contract entered into by her on the subject, but from the general obligation to do justice which binds all persons whether natural or artificial.
Side 908 - AD, 1850; or by virtue of any conveyance duly made by the commissioners of the funded debt of the city of San Francisco, •and recorded on or before the first day of January, 1855, shall, for all the purposes contemplated by this ordinance, be deemed to be the possessors of the land so granted, although the said lands may be in the actual occu'pancy of persons holding the same adverse to the said grantees.
Side 1031 - the exhibition by a judge of partisan feeling, or the unnecessary expression of an opinion upon the justice or merits of a controversy, though exceedingly indecorous, improper and reprehensible, as calculated to throw suspicion upon the judgments of the court, and bring the administration of justice into contempt, are not, under our statute, sufficient to authorize a change of venue on the ground that the judge is disqualified from sitting.
Side 997 - To hold, purchase and convey such real and personal estate, as the purposes of the corporation shall require, not exceeding the amount limited in its charter:
Side 1002 - The plaintiff out of possession cannot sue for property severed from the freehold, when the defendant is in possession of the premises from which the property was severed — holding them adversely in good faith under claim and color of title ; in other words, the personal action cannot be made the means of litigating and determining the title to the real property as between conflicting claimants.
Side 995 - ... unless the nature of the act to be performed, or the phraseology of the statute, is such that the designation of time must be considered as a limitation of the power of the officer.