Reports of Cases Determined in the Supreme Court of the State of California, Volum 24Bancroft-Whitney, 1906 |
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Vanlige uttrykk og setninger
action adverse possession affirmance alleged appeal applied attorney authority averred Bruzzo Central Pacific Railroad Cited city and county claim commenced common law complaint confirmation Constitution contract conveyance conveyed corporation counsel Court of equity creditor debt declared decree deed defendant demurrer District Court dollars ejectment entitled equity estoppel evidence execution facts filed foreclosure Government grant grantor ground held holding indorser infant intention interest issued J. R. Robertson John Judge judgment Judicial District jurisdiction jury Justice Legislature liability lien ment Mexican mortgage motion notice objection opinion owner parol party patent person plaintiff pleadings possession premises Probate Court proceedings public lands purchaser question railroad rancho reason record recover remittitur respondent rule Santa Clara County Sheriff Sheriff's deed Solano County statute Statute of Limitations suit Supreme Court survey Teschemaker testimony thereof tion tract trial United valid void witness
Populære avsnitt
Side iii - The Superior Court shall have original jurisdiction in all cases in equity, and in, all cases at law which involve the title or possession of real property, or the legality of any tax, impost, assessment, toll, or municipal fine, and in all other cases in which the demand, exclusive of interest, or the value of the property in controversy, amounts to three hundred dollars...
Side 344 - ... the plaintiff must recover upon the strength of his own title and not upon the weakness of that of the defendant...
Side 663 - Our constitution declares a treaty to be the law of the land. It is, consequently, to be regarded in courts of justice as equivalent to an act of the legislature, whenever it operates of itself without the aid of any legislative provision.
Side 82 - The writ must be issued in all cases where there is not a plain, speedy, and adequate remedy, in the ordinary course of law.
Side 126 - The powers of the government of the state of California shall be divided into three separate departments: The legislative, the executive, and judicial; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any functions appertaining to either of the others, except in the cases hereinafter expressly directed or permitted.
Side 293 - No action for the recovery of real property, or for the recovery of the possession thereof, shall be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the premises in question within twenty years before the commencement of such action.
Side 491 - 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 231 - ... 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 663 - All the grants of land made before the 24th of January, 1818, by His Catholic Majesty or by his lawful authorities in the said Territories ceded by His Majesty to the United States, shall be ratified and confirmed to the persons in possession of the lands, to the same extent that the same grants would be valid if the Territories had remained under the Dominion of His Catholic Majesty.
Side 507 - Judges shall not charge juries with respect to matters of fact, but may state the testimony and declare the law.