Reports of Cases Determined in the Supreme Court of the State of California, Volume 15Bancroft-Whitney, 1906 |
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Página 9
... cause , the error may be corrected in the Supreme Court , or the Court below , on motion . " Complaint filed against M. and D. and H. and L. , sureties . Complaint amended and H. and L. only named defendants , and on this complaint the ...
... cause , the error may be corrected in the Supreme Court , or the Court below , on motion . " Complaint filed against M. and D. and H. and L. , sureties . Complaint amended and H. and L. only named defendants , and on this complaint the ...
Página 11
... cause . If the appellants desire it , they can move this Court , or the Court below , to amend the pleadings showing the error . Judgment affirmed . On petition for rehearing , BALDWIN , J. delivered the opinion of the Court COPE , J ...
... cause . If the appellants desire it , they can move this Court , or the Court below , to amend the pleadings showing the error . Judgment affirmed . On petition for rehearing , BALDWIN , J. delivered the opinion of the Court COPE , J ...
Página 24
... cause of action . ( 17 Johns . 346 ; 1 Cow . 156 ; 1 Marshall , 450 ; 3 Litt . 237. ) And although our statute respecting amendments is lib- eral , yet it no where allows supplementary matter to be set forth by way of amendment ...
... cause of action . ( 17 Johns . 346 ; 1 Cow . 156 ; 1 Marshall , 450 ; 3 Litt . 237. ) And although our statute respecting amendments is lib- eral , yet it no where allows supplementary matter to be set forth by way of amendment ...
Página 26
... cause of action appears ; and it would be going beyond precedent or reason , to hold the action of the Court void , in giving effect to such a complaint , when no ob- jection is urged by the only party who could take exception to it ...
... cause of action appears ; and it would be going beyond precedent or reason , to hold the action of the Court void , in giving effect to such a complaint , when no ob- jection is urged by the only party who could take exception to it ...
Página 33
... causes to trial upon their merits . When , from accident or mistake , the parties have failed to meet the exact ... cause remanded . PEOPLE OF STANISLAUS COUNTY ex rel . SMITH et al . v . MYERS , SHERIFF , AND BOARD OF SUPERVISORS ...
... causes to trial upon their merits . When , from accident or mistake , the parties have failed to meet the exact ... cause remanded . PEOPLE OF STANISLAUS COUNTY ex rel . SMITH et al . v . MYERS , SHERIFF , AND BOARD OF SUPERVISORS ...
Outras edições - Ver tudo
Reports of Cases Determined in the Supreme Court of the State of ..., Volume 119 California. Supreme Court Visualização integral - 1906 |
Reports of Cases Determined in the Supreme Court of the State of ..., Volume 113 California. Supreme Court Visualização integral - 1906 |
Reports of Cases Determined in the Supreme Court of the State of ..., Volume 109 California. Supreme Court Visualização integral - 1906 |
Palavras e frases frequentes
action affirmed agent alleged answer appeal assignment attorney authority averment BALDWIN bill Blankman bond Burnett California cattle cited claim common law complaint concurring contract conveyance Court of Equity Court of Sessions damages debt decision decree deed Deer Creek defendants delivered the opinion demurrer denied District dollars ejectment election entitled equity error evidence execution fact filed Gold Flat ditch Government grant Greenl ground Harris held holding hundred injunction interest issue judgment jurisdiction jury Laird land lease liability lien mandamus ment mining mortgage motion Norris notice objection owner parties payment person plaintiff portion possession premises Probate Court proceedings proof pueblo purchase purpose quartz question recover refused Respondent rule San Francisco Sheriff Sierra county Smith sold stare decisis statute stream sufficient suit Supreme Court tion tract trial valid vendee vendor verdict Wend wife
Passagens conhecidas
Página 407 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the court says he has no right to be assisted. It is upon that ground the court goes; not for the sake of defendant, but because they will not lend their aid to such a plaintiff.
Página 323 - All property, both real and personal, of the wife, owned or claimed by her before marriage, and that acquired afterwards by gift, devise, or descent, shall be her separate property; and laws shall be passed more clearly defining the rights of the wife, in relation as well to her separate property, as to that held in common with her husband.
Página 325 - ... that during the possession of such property by the appellant, he will not commit or suffer to be committed any waste thereon...
Página 406 - The principle of public policy is this; ex dolo malo non oritur actio. No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Página 120 - No person holding any lucrative office under the United States, or any other power, shall be eligible to any civil office of profit, under this State...
Página 229 - Sound mind and memory, do make, publish and declare, this my last will and testament, in manner following, that is to say...
Página 62 - ... shall be elected at the same time and places and in the same manner as the governor and lieutenant-governor.
Página 622 - When a rule has once been deliberately adopted and declared, it ought not to be disturbed unless by a court of appeal or review, and never by the same court, except for very urgent reasons, and upon a clear manifestation of error ; and if the practice were otherwise, it would be leaving us in a perplexing uncertainty as to the law.
Página 74 - Rep. 250, it was said, that to be a part of the res gestce, the declarations " must have been made at the time of the act done, which they are supposed to characterize, and have been well calculated to unfold the nature and quality of the facts they were intended to explain, and so to harmonize with them as obviously to constitute one transaction.
Página 615 - SECTION 21. And be it further enacted, That, in order to avoid misconstruction, it is hereby declared to be the true intent and meaning of this act, so far as the question of slavery is concerned, to carry into practical operation the following propositions and principles, established by the compromise measures of 1850, to wit: