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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Results 1-5 of 46
Page 18
... holding that the interval destroyed the continuity of the possession in the one case as in the other . To so hold would be in effect to hold for all practical purposes that adverse possession could not be acquired by pasturage . For ...
... holding that the interval destroyed the continuity of the possession in the one case as in the other . To so hold would be in effect to hold for all practical purposes that adverse possession could not be acquired by pasturage . For ...
Page 61
... ed . , 70. ) The court erred in holding that the cause of action accrued at the date the account was stated , and that therefore the stat- ute of limitations did not apply to any item after Nov. 1887. ] 61 AUZERAIS V. NAGLEE .
... ed . , 70. ) The court erred in holding that the cause of action accrued at the date the account was stated , and that therefore the stat- ute of limitations did not apply to any item after Nov. 1887. ] 61 AUZERAIS V. NAGLEE .
Page 62
... holding that by silence or ac- quiescence , or concurrence by unwritten words in the correctness of the account , the defendant could become liable to pay larger interest than seven per cent . ( Lock- wood v . Thorn , 18 N. Y. 292 ...
... holding that by silence or ac- quiescence , or concurrence by unwritten words in the correctness of the account , the defendant could become liable to pay larger interest than seven per cent . ( Lock- wood v . Thorn , 18 N. Y. 292 ...
Page 67
... holding that the cause of action accrued at the date the account was stated between the parties ( if in fact stated ) , and that therefore the statute did not apply to any item after January 31 , 1878 , two years before the alleged ...
... holding that the cause of action accrued at the date the account was stated between the parties ( if in fact stated ) , and that therefore the statute did not apply to any item after January 31 , 1878 , two years before the alleged ...
Page 94
... Holding , then , as we do , that any interest which Duane may have in the remaining sixty - three ninety - sixths of the premises in question is not affected by the proceedings or decree in this action , and that as to the thirty ...
... Holding , then , as we do , that any interest which Duane may have in the remaining sixty - three ninety - sixths of the premises in question is not affected by the proceedings or decree in this action , and that as to the thirty ...
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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.