Reports of Cases Determined in the Supreme Court of the State of California, Volum 72Bancroft-Whitney, 1906 |
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Vanlige uttrykk og setninger
action was brought adverse adverse possession affidavit affirmed alleged allowed amended appeal appellant application assessment attorney cause of action charge cited city and county Civil Procedure claim Code of Civil commencement complaint concurred constitution contract corporation counsel county of San creditors CRIMINAL LAW damages deed defendant demurrer denied discharge dollars effect error escheat evidence execution facts favor fendant filed findings foregoing opinion ground held homestead insolvency instruction interest issue judge judgment and order judgment debtor jurisdiction jurors jury land lease levied lien ment mortgage motion negligence notice order refusing owner paid parties payment petitioner plaintiff pleaded possession premises proceedings promissory note purchase question quiet title reasonable recover rendered Respondent San Francisco Santa Cruz County sheriff statute of limitations street sufficient Superior Court sustained testimony therein thereof tion trial verdict void writ
Populære avsnitt
Side 228 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Side 68 - ... a cause of action exists against the defendant in respect to whom the service is to be made...
Side 405 - When an offense involves the commission of, or an attempt to commit a private injury, and is described with sufficient certainty in other respects to identify the act...
Side 397 - If the plaintiff accept the offer, and give notice thereof within five days, he may file the offer, with proof of notice of acceptance, and the clerk must thereupon enter judgment accordingly. If the notice of acceptance be not given, the offer is to be deemed withdrawn? and cannot be given in evidence upon the trial; and if the plaintiff fail to obtain a more favorable judgment, he cannot recover costs, but must pay the defendant's costs from the time of the offer— 1873-342.
Side 303 - It is furthermore hereby expressly provided and mutually agreed, that no suit or action against this company for the recovery of any claim, by virtue of this policy, shall be sustainable in any court of law or chancery, until after an award shall have been obtained fixing the amount of such claim hi the manner above provided...
Side 131 - Though the law itself be fair on its face, and impartial in appearance, yet, if it is applied and administered by public authority with an evil eye and an unequal hand, so as practically to make unjust and illegal discriminations between persons in similar circumstances material to their rights, the denial of equal justice is still within the prohibition of the constitution.
Side 511 - Every person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in him upon a particular day, is entitled also to recover interest thereon from that day, except during such time as the debtor is prevented by law, or by the act of the creditor from paying the debt.
Side 131 - ... administration directed so exclusively against a particular class of persons as to warrant and require the conclusion that whatever may have been the intent of the ordinances as adopted, they are applied by the public authorities, charged with their administration, and thus representing the State itself, with a mind so unequal and oppressive as to amount to a practical denial by the State of that equal protection of the laws which is secured to the petitioners, as to all other persons, by the...
Side 36 - A mortgage, deed of trust, contract, or other obligation by which a debt is secured, shall, for the purpose of assessment and taxation, be deemed and treated as an interest in the property affected thereby.
Side 117 - Any county, city, town, or township may make and enforce within its limits all such local, police, sanitary, and other regulations as are not in conflict with general laws.