Reports of Cases Argued and Determined in the Supreme Court of the State of California, Volume 1Marvin & Hitchcock, 1851 |
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Página 9
... necessary to be stated therein . The un- necessary matter will be regarded as surplusage . Courts will take judicial notice of the territorial extent of the jurisdiction and sove- reignty , exercised de facto by their own government ...
... necessary to be stated therein . The un- necessary matter will be regarded as surplusage . Courts will take judicial notice of the territorial extent of the jurisdiction and sove- reignty , exercised de facto by their own government ...
Página 13
... necessary that it should be stated that Nappa Valley is in the state of California . Courts take judicial notice of the territorial extent of the jurisdiction and sovereignty , ex- ercised de facto by their own government ; and of the ...
... necessary that it should be stated that Nappa Valley is in the state of California . Courts take judicial notice of the territorial extent of the jurisdiction and sovereignty , ex- ercised de facto by their own government ; and of the ...
Página 27
... necessary , in the first place , to dispose of the ques- tion , whether this court can entertain an appeal from such ... necessary to be disposed of before such issue can be passed upon by the court , or necessary to be determined in ...
... necessary , in the first place , to dispose of the ques- tion , whether this court can entertain an appeal from such ... necessary to be disposed of before such issue can be passed upon by the court , or necessary to be determined in ...
Página 45
... necessary to make a motion in the court of First Instance to set aside the report of referees , before a party can appeal to this court . HASTINGS , Ch . J. dis- senting . The decision of referees upon a question of fact will be ...
... necessary to make a motion in the court of First Instance to set aside the report of referees , before a party can appeal to this court . HASTINGS , Ch . J. dis- senting . The decision of referees upon a question of fact will be ...
Página 48
... necessary , before a cause can be taken to an appellate court . But the failure to make such a motion is , like the other matters above noticed , but a defect , error , or imperfection , not affecting the merits of the case , and which ...
... necessary , before a cause can be taken to an appellate court . But the failure to make such a motion is , like the other matters above noticed , but a defect , error , or imperfection , not affecting the merits of the case , and which ...
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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.