Reports of Cases Determined in the Supreme Court of the State of California, Volum 71Bancroft-Whitney, 1906 |
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Vanlige uttrykk og setninger
action was brought adverse adverse possession affidavit affirmed alleged answer appeal application attorney attorney at law averment BELCHER cause of action city and county Civil Procedure claim Code Civ Code of Civil commenced complaint concurred contract conveyance conveyed county of San court of equity cross-complaint damages decree deed defendant demurrer dismissed Elizabeth McComb entered entitled evidence executed facts favor fendant filed findings foregoing opinion Frederick Hedge granted grantor Hedge held Hogan homestead interest issued John judgment and order jury land lease legal title MCKINSTRY ment misjoinder mortgage motion order denying order refusing owner paid parties payment person petitioner plaintiff pleadings possession premises promissory note purchase question record recover rendered Respondent road San Francisco San Joaquin County SEARLS September 28 statute suit Superior Court taxes testimony thereof tiff tion tract trial Tyler wife witness writ Yolo County
Populære avsnitt
Side 73 - An action upon a liability created by statute, other than a penalty or forfeiture. 2. An action for trespass upon real property. 3. An action for taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property.
Side 489 - A corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occurs; or in the county where the principal place of business of such corporation is situated, subject to the power of the Court to change the place of trial as in other cases.
Side 476 - An action for the recovery of real property against a person in possession cannot be prejudiced by any alienation made by such person, either before or after the commencement of the action.
Side 424 - Auditor, as aforesaid, be forever barred and foreclosed of and from all equity of redemption and claim of, in.
Side 303 - The homestead consists of the dwelling house in which the claimant resides, and the land on which the same is situated, selected as in this title provided.
Side 200 - ... the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
Side 598 - An executor or administrator, or trustee of an express trust, or a person expressly authorized by statute, may sue without joining with him the persons for whose benefit the action is prosecuted. A person with whom, or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Side 8 - Upon a trial for murder, the commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter, or that the defendant was justifiable or excusable.
Side 298 - ... paid by the judgment or order, or the part of such amount as to which the judgment or order...
Side 100 - ... that the appellant will pay all damages and costs which may be awarded against him on the appeal, or on a dismissal thereof...