Reports of Cases Determined in the Supreme Court of the State of California, Volume 74Bancroft-Whitney, 1906 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 12
... claims under a school - land patent from the state , dated May 25 , 1875 , which was issued upon a certifi- cate of ... claim . " That is all that is said with respect to the al- leged errors in relation to " the regularity of the tax ...
... claims under a school - land patent from the state , dated May 25 , 1875 , which was issued upon a certifi- cate of ... claim . " That is all that is said with respect to the al- leged errors in relation to " the regularity of the tax ...
Page 14
... claiming the same as his property under the sheriff's deed aforesaid to Byrd , and the con- veyance from Byrd to him ... claim of right and ownership , based upon said con- veyances , peaceably , openly , notoriously , continuously , un ...
... claiming the same as his property under the sheriff's deed aforesaid to Byrd , and the con- veyance from Byrd to him ... claim of right and ownership , based upon said con- veyances , peaceably , openly , notoriously , continuously , un ...
Page 74
... claim or contract which con- sists of several items . And there is no necessity for giv- ing any limited meaning to the word as it is used in sec- tion 531 , Code of Civil Procedure . " ( For section 531 , see Bliss's N. Y. Ann . Code ...
... claim or contract which con- sists of several items . And there is no necessity for giv- ing any limited meaning to the word as it is used in sec- tion 531 , Code of Civil Procedure . " ( For section 531 , see Bliss's N. Y. Ann . Code ...
Page 75
... claim . The office of a bill of particulars is to apprise a party of the specific demands of the adverse party when the plead- ings are general , and leave uncertain what is particularly demanded , either in the complaint or answer ...
... claim . The office of a bill of particulars is to apprise a party of the specific demands of the adverse party when the plead- ings are general , and leave uncertain what is particularly demanded , either in the complaint or answer ...
Page 76
... claim on which the action is brought against him ; third , to frame his answer so as to attack the items of it which he desires to assail for fraud , error , or mis- take , and thus be enabled to offer evidence in regard to such items ...
... claim on which the action is brought against him ; third , to frame his answer so as to attack the items of it which he desires to assail for fraud , error , or mis- take , and thus be enabled to offer evidence in regard to such items ...
Other editions - View all
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.