Reports of Cases Determined in the Supreme Court of the State of California, Volum 47Bancroft-Whitney, 1874 |
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Side 21
California. Supreme Court. Points decided . defendant had in his possession some forty - seven head of the sheep of the plaintiff sued for in this action . 2. A demand made by the plaintiff upon the defendant for the delivery of the ...
California. Supreme Court. Points decided . defendant had in his possession some forty - seven head of the sheep of the plaintiff sued for in this action . 2. A demand made by the plaintiff upon the defendant for the delivery of the ...
Side 22
... defendant proves it on the trial , evidence by plaintiff in rebuttal that the deed was intended as a mortgage , does no injury to the defendant . APPEAL from the District Court , Fifth Judicial District , County of San Joaquin . The ...
... defendant proves it on the trial , evidence by plaintiff in rebuttal that the deed was intended as a mortgage , does no injury to the defendant . APPEAL from the District Court , Fifth Judicial District , County of San Joaquin . The ...
Side 30
... defendant might or might not prefer ; and under no recognized system of pleading could it be properly presented in the complaint . 3. It is urged that the evidence , if admissible at all , was not relevant and material at the time it ...
... defendant might or might not prefer ; and under no recognized system of pleading could it be properly presented in the complaint . 3. It is urged that the evidence , if admissible at all , was not relevant and material at the time it ...
Side 32
... defendant , rendered on a demurrer to the complaint , is not a bar to a subsequent action between the same parties , unless the demurrer went to the merits of the action , and the cause of action in the second suit is the same . WHEN ...
... defendant , rendered on a demurrer to the complaint , is not a bar to a subsequent action between the same parties , unless the demurrer went to the merits of the action , and the cause of action in the second suit is the same . WHEN ...
Side 33
... defendant Thomas . The Court below gave judgment for the plaintiffs for their legal services in each case , making the judgment payable out of the separate estate of the defendant Orpha , and the defendants appealed . The other facts ...
... defendant Thomas . The Court below gave judgment for the plaintiffs for their legal services in each case , making the judgment payable out of the separate estate of the defendant Orpha , and the defendants appealed . The other facts ...
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Vanlige uttrykk og setninger
action adverse possession Alameda County alleged appeal application Argument for Appellant Argument for Respondent assessment attorney authority averment bill of exceptions Board of Supervisors California cause cited City and County claim commenced Commissioner complaint Constitution contract conveyance counsel County of San county seat Court of Equity Court-Crockett damages deed defendant demurrer dismiss District Court ejectment entitled entries error estoppel evidence execution filed Finch Francisco De Haro grant Haro Hinckley homestead indictment issued Judicial District jurisdiction jury Justice Land Office lease Legislature lien ment misjoinder motion Ness Ordinance Opinion party patent person petition petitioner plaintiff pleaded Political Code possession premises proceedings proof prove purchase record recover Remittitur rendered Sacramento Sacramento river San Francisco Sheriff's deed Statement of Facts Statute of Frauds Statute of Limitations street swamp and overflowed testimony thereof tion trial witness writ
Populære avsnitt
Side 135 - ... to establish a defence on the ground of insanity, it must be clearly proved that at the time of the committing of the act the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Side 516 - An Act to ascertain and settle the Private Land Claims in the State of California...
Side 658 - Taxation shall be equal and uniform throughout the State. All property in this State shall be taxed in proportion to its value, to be ascertained as directed by law...
Side 381 - ... for money had and received by the defendant for the use of the plaintiff...
Side 575 - The constitution confers absolutely on the government of the union the powers of making war, and of making treaties ; consequently, that government possesses the power of acquiring territory, either by conquest or by treaty.
Side 479 - AD eighteen , at the county of (here set forth the act or omission charged as an offense), contrary to the form, force, and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of California.
Side 657 - It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments, and in contracting debt by such municipal corporations.
Side 96 - It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Side 558 - Now Know Ye, That the United States of America, in consideration of the Premises, and in conformity with the several acts of Congress, in such case made and provided, Have Given and Granted, and by these presents Do Give and...
Side 627 - In all cases the judgment may be enforced or carried into execution after the lapse of five years from the date of its entry, by leave of the court, upon motion, or by judgment for that purpose, founded upon supplemental pleadings...