Reports of Cases Argued and Determined in the Supreme Court of the State of California, Volume 1Marvin & Hitchcock, 1851 |
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Página 12
... considered as either enlarging or diminishing the power or jurisdiction of the district court . It should be regarded as mere surplusage , which can , in no re- spect , vitiate — and striking this out , we have simply an order ...
... considered as either enlarging or diminishing the power or jurisdiction of the district court . It should be regarded as mere surplusage , which can , in no re- spect , vitiate — and striking this out , we have simply an order ...
Página 34
... considered . Per HASTINGS , Ch . J. The order appealed from is not a matter resting in the discretion of the court , and is reviewable on appeal . THE action was brought to recover damages for neglecting to supply the plaintiff with ...
... considered . Per HASTINGS , Ch . J. The order appealed from is not a matter resting in the discretion of the court , and is reviewable on appeal . THE action was brought to recover damages for neglecting to supply the plaintiff with ...
Página 39
... considered by the " court that the said plaintiff recover of the said defendants " the said sum of one thousand and eighty - three dollars , and " , together with the costs and charges in this behalf ex- " pended ; and that the ...
... considered by the " court that the said plaintiff recover of the said defendants " the said sum of one thousand and eighty - three dollars , and " , together with the costs and charges in this behalf ex- " pended ; and that the ...
Página 45
... considered as an arbitration by which the cause will be discontinued . The submission of a cause in court to arbitration , operates as a discontinuance of the suit . The ordinary mode of enforcing an award is by action ; and it seems ...
... considered as an arbitration by which the cause will be discontinued . The submission of a cause in court to arbitration , operates as a discontinuance of the suit . The ordinary mode of enforcing an award is by action ; and it seems ...
Página 55
... considered . Per Bennett , J. Since the occupation of California by the Americans , the proceeding of conciliacion has been deemed a useless formality by the greater portion of the members of the bar , by the courts , and by the people ...
... considered . Per Bennett , J. Since the occupation of California by the Americans , the proceeding of conciliacion has been deemed a useless formality by the greater portion of the members of the bar , by the courts , and by the people ...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volume 4 California. Supreme Court Visualização integral - 1856 |
Palavras e frases frequentes
action adverse possession affidavit affirmed agent Alcalde alleged Alviso answer appear appointed attorney authority Ayuntamiento BENNETT bill of lading California cause charge charter-party cited city of San Civil Law claim common carriers common law complaint constitution contempt contract counsel damages decision declared decree deed defendants delivery demurrer district court district of San Edward Norton entitled evidence executed facts favor governor grant ground habeas corpus held Hepburn Instance issue judgment judicial jurisdiction jury justice Justice of Peace land legislature liable lien lumber matter ment Mexican Mexican law MISJOINDER motion nonsuit opinion Ordered accordingly owner parties payment person plaintiff pleadings possession premises proceedings question quo warranto recover remittitur rendered rule San Francisco ship statute suit Suñol superior court supreme court taken term testator testimony thereof tion trial verdict vessel witnesses Woodworth writ
Passagens conhecidas
Página 175 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.
Página 245 - ... into the Union of the United States, and be admitted at the proper time (to be judged of by the Congress of the United States) to the enjoyment of all the rights of citizens of the United States, according to the principles of the Constitution; and in the mean time, shall be maintained and protected in the free enjoyment of their liberty and property, and secured in the free exercise of their religion without restriction.
Página 525 - Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press.
Página 245 - The Mexicans who, in the territories aforesaid, shall not preserve the character of citizens of the Mexican Republic, conformably with what is stipulated in the preceding article, shall be incorporated into the Union of the United States, and be admitted at the proper time (to be judged of by the Congress of the United States...
Página 532 - That the printing presses shall be free to every person, who undertakes to examine the proceedings of the legislature or any branch of government: and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man; and every citizen may freely speak, write and print on any subject, being responsible for the abuse of that liberty.
Página 172 - If no such objection be taken, either by demurrer or answer, the defendant shall be deemed to have waived the same, excepting only the objection to the jurisdiction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action.
Página 244 - Those who shall prefer to remain in the said territories may either retain the title and rights of Mexican citizens, or acquire those of citizens of the United States. But they shall be under the obligation to make their election within one year from the date of the exchange of ratifications of this treaty ; and those who shall remain in the said territories after the expiration of that year, without having declared their intention to retain the character of Mexicans, shall be considered to have...
Página 138 - A final judgment or decree in any suit, in the highest court of law or equity of a State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity...
Página 16 - SEC. 3. In order that no inconvenience may result to the public service from the taking effect of this Constitution, no...
Página 330 - When the parties do not consent, the court may, upon the application of either, or of its own motion, direct a reference in the following cases : 1. When the trial of an issue of fact requires the examination of a long account on either side ; in which case, the referees may be directed to hear and decide the whole issue, or to report upon any specific question of fact involved therein ; 2.