Reports of Cases Determined in the Supreme Court of the State of California, Volume 56Bancroft-Whitney, 1887 - Law reports, digests, etc |
From inside the book
Results 1-5 of 78
Page 6
... rule that a witness cannot be cross - examined , except as to facts and circumstances connected with matters testified to by him on his direct examination ; nor can he be , as to any fact which is collateral and irrelevant to the issues ...
... rule that a witness cannot be cross - examined , except as to facts and circumstances connected with matters testified to by him on his direct examination ; nor can he be , as to any fact which is collateral and irrelevant to the issues ...
Page 46
... rule , that the thing to which the parties make adverse claims must be one and the same thing ; or , in other words , the claims must be identical . Where the claims . So made by the defendants are of different amounts , they never can ...
... rule , that the thing to which the parties make adverse claims must be one and the same thing ; or , in other words , the claims must be identical . Where the claims . So made by the defendants are of different amounts , they never can ...
Page 50
... rule : " An interpleader will be sustained whenever it is necessary for the protection of a person from whom several others claim , legally or equitably , the same thing , debt , or duty , but who has incurred no independent liability ...
... rule : " An interpleader will be sustained whenever it is necessary for the protection of a person from whom several others claim , legally or equitably , the same thing , debt , or duty , but who has incurred no independent liability ...
Page 54
... rule of law is , that a person who is to be discharged from his liability upon a contract , by the performance of a certain act , is impliedly bound to do , or cause to be done , the act which is to discharge him . Thus , where the ...
... rule of law is , that a person who is to be discharged from his liability upon a contract , by the performance of a certain act , is impliedly bound to do , or cause to be done , the act which is to discharge him . Thus , where the ...
Page 57
... rule or obligation of any society or association , etc. , to the contrary notwithstanding , etc .; and that this was done without any mental reservation , etc .; and that the oath was not taken for the purpose of acquiring title , etc ...
... rule or obligation of any society or association , etc. , to the contrary notwithstanding , etc .; and that this was done without any mental reservation , etc .; and that the oath was not taken for the purpose of acquiring title , etc ...
Other editions - View all
Common terms and phrases
according action adverse possession affidavit affirmed agreement alleged amended amount answer appeal application appointed assessment attorney authority Board cause Civil claim Code commenced Company complaint concurred Constitution contract corporation Court damages deceased decision deed defendant denying determine District Court duty effect election entered entitled error evidence executed facts filed finding former further give given grant ground held instruction interest issue judge judgment jurisdiction jury land Limitations March matter ment mortgage motion necessary notice objection offered officers opinion owner paid parties passed patent payment person petition plaintiff pleadings possession presented proceedings proof prove purchase question reason receiver record recover referred refused respect Respondent rule says statement statute street sufficient suit sustained taken thereof tion trial United witness
Popular passages
Page 652 - No corporation shall issue stocks or bonds except for money, labor done, or money or property actually received, and all fictitious increase of stock or indebtedness shall be void.
Page 389 - ... another, his heirs or personal representatives may maintain an action for damages against the person causing the death, or if such person be employed by another person who is responsible for his conduct, then also against such other person. In every action under this and the preceding section, such damages may be given as under all the circumstances of the case, may be just.
Page 581 - All patents granted, or preemption or homesteads allowed, shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or recognized by the preceding section.
Page 329 - A criminal action prosecuted by indictment may be removed from the court in which it is pending, on the application of the defendant on the ground that a fair and impartial trial cannot be had in the county where the indictment is pending.
Page 544 - Judgment is demanded dismissing the complaint and for "such other and further relief in the premises as to the court may seem just.
Page 109 - The Legislature, by general and uniform laws, shall provide for the election or appointment, in the several counties, of Boards of Supervisors, Sheriffs, County Clerks, District Attorneys, and such other county, township, and municipal officers as public convenience may require, and shall prescribe their duties, and fix their terms of office.
Page 653 - That all laws in force at the adoption of this Constitution, not inconsistent therewith, shall remain in full force and effect until altered or repealed by the Legislature...
Page 200 - ... to equalize the valuation of the taxable property in the several counties of the State for the purposes of taxation. The Controller of State shall be ex officio a member of the Board. The Boards of Supervisors of the several counties of the State shall constitute Boards of Equalization for their respective counties, whose duty it shall be to equalize the valuation of the taxable property in the county for the purpose of taxation...
Page 329 - The court may, on motion, change the place of trial in the following cases: 1. When the county designated in the complaint is not the proper county; 2. When there is reason to believe that an impartial trial cannot be had therein; 3. When the convenience of witnesses and the ends of justice would be promoted by the change: 4.
Page 75 - Procedure as sufficient to bar an action for the recovery of the property confers a title thereto, denominated a title by prescription, which is sufficient against all.