Reports of Cases Determined in the Supreme Court of the State of California, Volum 47Bancroft-Whitney, 1874 |
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Side 20
... prove facts alleged in the complaint which are admitted in the answer . PROOF OF DEMAND IN REPLEVIN . — If the complaint in replevin avers a de- mand made for the property , and the answer admits it , a demand need not be proved ...
... prove facts alleged in the complaint which are admitted in the answer . PROOF OF DEMAND IN REPLEVIN . — If the complaint in replevin avers a de- mand made for the property , and the answer admits it , a demand need not be proved ...
Side 21
... PROVING AN ESTOPPEL BY JUDGMENT IN EJECTMENT .-- Although in ejectment it is irregular for the plaintiff in proving his case to introduce in evidence a judgment which is an estoppel , yet if the judgment is con- clusive as an estoppel ...
... PROVING AN ESTOPPEL BY JUDGMENT IN EJECTMENT .-- Although in ejectment it is irregular for the plaintiff in proving his case to introduce in evidence a judgment which is an estoppel , yet if the judgment is con- clusive as an estoppel ...
Side 22
... prove that it was swamp and overflowed , both by the map and field notes of the approved survey by the United States , on file in the Land Office , and by wit- nesses who knew the character of the land . The Court ex- cluded the ...
... prove that it was swamp and overflowed , both by the map and field notes of the approved survey by the United States , on file in the Land Office , and by wit- nesses who knew the character of the land . The Court ex- cluded the ...
Side 25
... prove the allegations of ownership and right of possession in the complaint , and to disprove the affirmative matter set up in the answer . The counsel for plaintiff choose to in- troduce it in their evidence in chief , rather than in ...
... prove the allegations of ownership and right of possession in the complaint , and to disprove the affirmative matter set up in the answer . The counsel for plaintiff choose to in- troduce it in their evidence in chief , rather than in ...
Side 30
... prove any of the facts constituting his defense . No doubt the introduction of the evidence at this time was irregular . It was in strictness rebutting evidence merely , and only available to the plaintiff in an attack upon the title or ...
... prove any of the facts constituting his defense . No doubt the introduction of the evidence at this time was irregular . It was in strictness rebutting evidence merely , and only available to the plaintiff in an attack upon the title or ...
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action adverse possession alleged allowed amount answer appeal application Argument assessment attorney authority averment bill Board California cause charge cited claim Code commenced complaint Constitution contained contract damages decided deed defendant denying directed dismiss District Court duties effect entered entitled entries error evidence exceptions execution facts filed findings given grant ground held homestead intention interest issued John Judge judgment Judicial jury Justice land Legislature lien Limitations March ment motion necessary notice objection offered Opinion paid party patent person petition plaintiff possession premises present proceedings proof prove purchase question reason received record recover refused rendered respect Respondent rule San Francisco Statement of Facts statute street sufficient Supervisors taken term testimony tion trial United witness
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...