Reports of Cases Determined in the Supreme Court of the State of California, Volume 15Bancroft-Whitney, 1906 |
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Página 13
... equity . According to the rule in equity , the land passed to Travers , or became the right of Travers ; the money , the right of Gray . We are now asking the aid of a Court of Equity , and the ap- plication of its rules . 2. If the ...
... equity . According to the rule in equity , the land passed to Travers , or became the right of Travers ; the money , the right of Gray . We are now asking the aid of a Court of Equity , and the ap- plication of its rules . 2. If the ...
Página 14
... equity . We say the old technical rule of the common law was that the power ceased with the death of the principal . The rule was the same in the civil law , but there we find the exceptions stated . " The acts of the agent done bona ...
... equity . We say the old technical rule of the common law was that the power ceased with the death of the principal . The rule was the same in the civil law , but there we find the exceptions stated . " The acts of the agent done bona ...
Página 15
... equity has power . We insist , that 1. Upon the ground that the payment was made in good faith to the attorney before the decease of principal could be known , that the payment was sufficient . 2. Upon the ground that Eaton was an ...
... equity has power . We insist , that 1. Upon the ground that the payment was made in good faith to the attorney before the decease of principal could be known , that the payment was sufficient . 2. Upon the ground that Eaton was an ...
Página 20
... equity would not debar him from paying the balance yet unpaid , and insisting on the performance of the contract first made , and enforcing a specific execution . But upon the case as it stands , we must affirm the decree , without ...
... equity would not debar him from paying the balance yet unpaid , and insisting on the performance of the contract first made , and enforcing a specific execution . But upon the case as it stands , we must affirm the decree , without ...
Página 25
... Equity than those of common law , we see no good reason why the Equity rule should not apply , instead of the more stringent , less reas- onable practice of the common law Courts . We take the broad ground , that plaintiffs in ejectment ...
... Equity than those of common law , we see no good reason why the Equity rule should not apply , instead of the more stringent , less reas- onable practice of the common law Courts . We take the broad ground , that plaintiffs in ejectment ...
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: