Reports of Cases Determined in the Supreme Court of the State of California, Volume 74Bancroft-Whitney, 1906 - Law reports, digests, etc |
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Page vii
... causes and all questions arising therein , subject to the provisions herein- after contained in relation to the court in ... cause has been allotted to one of the departments , and a judgment pronounced thereon , the order must be made ...
... causes and all questions arising therein , subject to the provisions herein- after contained in relation to the court in ... cause has been allotted to one of the departments , and a judgment pronounced thereon , the order must be made ...
Page viii
... cause shall hear the argument ; but to render a judgment , a con- currence of four judges shall be necessary . In the determi- nation of causes , all decisions of the court in Bank or in departments shall be given in writing , and the ...
... cause shall hear the argument ; but to render a judgment , a con- currence of four judges shall be necessary . In the determi- nation of causes , all decisions of the court in Bank or in departments shall be given in writing , and the ...
Page 9
... cause was tried by a jury , who returned a verdict in favor of the plaintiff , upon which a judgment was duly rendered . From that , and an order denying a new trial , the defendant has appealed . The cause of action , as stated in the ...
... cause was tried by a jury , who returned a verdict in favor of the plaintiff , upon which a judgment was duly rendered . From that , and an order denying a new trial , the defendant has appealed . The cause of action , as stated in the ...
Page 11
... cause of the animals being killed . It becomes unnecessary to determine any other point made by the appellant , but for the reasons heretofore stated , the judgment and order should be reversed , and the cause re- manded for a new trial ...
... cause of the animals being killed . It becomes unnecessary to determine any other point made by the appellant , but for the reasons heretofore stated , the judgment and order should be reversed , and the cause re- manded for a new trial ...
Page 36
... cause is remanded and a new trial ordered . SEARLS , C. J. , SHARPSTEIN , J. , MCFARLAND , J. , McKIN- STRY , J. , PATERSON , J. , and THORNTON , J. , concurred . [ No. 11470. In Bank . -November 2 , 1887. ] MARIA SCHAMMEL , RESPONDENT ...
... cause is remanded and a new trial ordered . SEARLS , C. J. , SHARPSTEIN , J. , MCFARLAND , J. , McKIN- STRY , J. , PATERSON , J. , and THORNTON , J. , concurred . [ No. 11470. In Bank . -November 2 , 1887. ] MARIA SCHAMMEL , RESPONDENT ...
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Common terms and phrases
adverse possession affidavit affirmed alleged answer appeal application April 15 attorney averment Bank board of supervisors bonds California California wine charge Cited city and county Civil Code Civil Procedure claim Code Civ Code of Civil commenced complaint concurred constitution contest contract conveyance corporation county of San court of equity debt deceased decedent decree deed defendant defendant's demand demurrer effect entitled evidence execution executor facts fendant filed Fresno County fund grant held homestead interest issued judgment and order jury land lease liability lien ment mortgage motion municipal objection opinion order refusing owner paid parties payment person petition plaintiff pleadings possession prior probate proceedings question QUIETING TITLE Respondent Rottweil rule San Francisco SHARPSTEIN sheriff's deed statute of limitations sufficient Superior Court testator thereof thousand dollars tion trial verdict void warrant witness
Popular passages
Page 305 - The cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
Page 73 - It is not necessary for a party to set forth in a pleading the items of an account therein alleged, but he must deliver to the adverse party, within ten days 'after a demand thereof in writing, a copy of the account, or be precluded from givmg evidence thereof. The court or judge thereof may order a further account when the one delivered is too general, or is defective in any particular.
Page 58 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 552 - No law shall be revised or amended by reference to its title, but in such case the Act revised or section amended shall be reenacted and published at length as revised or amended...
Page 694 - ... for such year, without the assent of two-thirds of the qualified electors thereof voting at an election to be held for that purpose, nor unless, before or at the time of incurring such indebtedness, provision shall be made for the collection of an annual tax sufficient to pay...
Page 256 - Where delay in performance is capable of exact and entire compensation, and time has not been expressly declared to be of the essence of the obligation, an offer of performance, accompanied with an offer of such compensation, may be made at any time after it is due, but without prejudice to any rights acquired by the creditor, or by any other person, in the meantime.
Page 23 - Any county, city, town, or township may make and enforce within its limits all such local, police, sanitary, and other regulations as are not in conflict with general laws.
Page 486 - ... as ought not, in the opinion of the court, to be taken from the person having them in possession...
Page 348 - Either husband or wife may enter into any engagement or transaction with the other, or with any other person, respecting property, which either might if unmarried...
Page viii - ... present, do not concur in a judgment, then all the justices qualified to sit in the cause shall hear the argument; but to render a judgment a concurrence of four judges shall be necessary.