Reports of Cases Determined in the Supreme Court of the State of California, Volume 47Bancroft-Whitney, 1906 |
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Página 21
... given by the Court , to the effect that the plaint- iff could not recover in the action without proving that he had made such demand , was erroneous . Judgment and order denying new trial reversed , and cause remanded . Remittitur ...
... given by the Court , to the effect that the plaint- iff could not recover in the action without proving that he had made such demand , was erroneous . Judgment and order denying new trial reversed , and cause remanded . Remittitur ...
Página 29
... given . In such case the record may be given in evidence with the same conclusive effect as if it had been specially pleaded . ( Flandreau v . Downey , 23 Cal . 358 ; 2 Smith's L. Cas . 444. ) The plea of a former adjudication could ...
... given . In such case the record may be given in evidence with the same conclusive effect as if it had been specially pleaded . ( Flandreau v . Downey , 23 Cal . 358 ; 2 Smith's L. Cas . 444. ) The plea of a former adjudication could ...
Página 44
... given by the act of the municipal corporation expired November 27th , 1870 . The Court has no power to levy ... given to the statute conferring , or supposed to confer , the power , and not upon the special legislation of other States ...
... given by the act of the municipal corporation expired November 27th , 1870 . The Court has no power to levy ... given to the statute conferring , or supposed to confer , the power , and not upon the special legislation of other States ...
Página 45
... given against the owner at the time the lien attached , but it affords the same remedy in every case . " That remedy , as was further said in that case , is an “ action in rem , to enforce the payment of the assessment by a de- cree for ...
... given against the owner at the time the lien attached , but it affords the same remedy in every case . " That remedy , as was further said in that case , is an “ action in rem , to enforce the payment of the assessment by a de- cree for ...
Página 58
... given , but the record being silent as to the time at which it was given , we will assume Opinion of the Court . in support of the action 58 [ Sup . Ct . KELLY U. LARKIN . [No. 3,917.] ...
... given , but the record being silent as to the time at which it was given , we will assume Opinion of the Court . in support of the action 58 [ Sup . Ct . KELLY U. LARKIN . [No. 3,917.] ...
Outras edições - Ver tudo
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Palavras e frases frequentes
adverse possession Alameda County alleged appeal Argument for Appellant Argument for Respondent assessment attorney Attorney-General authority averment bill of exceptions Board of Supervisors California Cited City and County Civil Procedure claim commenced Commissioner complaint Constitution contract conveyance counsel County of San Court of Equity Crockett damages Davis deed defendant defendant's demurrer dismiss District Court ejectment entitled entry error estoppel evidence execution filed Finch Francisco De Haro grant Haro Hinckley holding homestead IDEM indictment issue Judicial District jurisdiction jury Justice Land Office lease Legislature lien ment misjoinder motion Ness Ordinance opinion owner party patent person petition petitioner plaintiff pleaded possession premises proceedings proof purchase record recover Remittitur rendered rule Sacramento Sacramento river San Francisco Statement of Facts Statute of Frauds Statute of Limitations street testimony thereof tion trial void Wallace witness writ
Passagens conhecidas
Página 660 - 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 ; but Assessors and Collectors of town, county and State taxes, shall be elected by the qualified electors of the district, county, or town in which the property taxed for State, county or town purposes, is situated.
Página 577 - An Act to ascertain and settle the Private Land Claims in the State of California...
Página 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 labouring 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.
Página 577 - 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.
Página 629 - 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, and after due notice to the judgment debtor...
Página 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.
Página 381 - ... for money had and received by the defendant for the use of the plaintiff...
Página 485 - An act to appropriate the proceeds of the sales of the public lands and to grant preemption rights...
Página 565 - 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.
Página 549 - By the court, upon motion of the defendant, when, upon the trial, the plaintiff fails to prove a sufficient case for the jury.