Reports of Cases Determined in the Supreme Court of the State of California, Volume 119Bancroft-Whitney, 1906 - Law reports, digests, etc |
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Results 1-5 of 68
Page 3
... warranto , the relator con- tending that as but thirteen qualified persons were elected the board had no legal existence and was not qualified to act . This court held to the contrary . The reasoning of Nov. 1897. ] 3 PEOPLE v . SIMMONS .
... warranto , the relator con- tending that as but thirteen qualified persons were elected the board had no legal existence and was not qualified to act . This court held to the contrary . The reasoning of Nov. 1897. ] 3 PEOPLE v . SIMMONS .
Page 9
... existence of a doubt as to the title does not of itself constitute sufficient ground for refusing an injunction ; and the jurisdiction of the court to issue injunctions where the title is in dispute is asserted for the preservation of ...
... existence of a doubt as to the title does not of itself constitute sufficient ground for refusing an injunction ; and the jurisdiction of the court to issue injunctions where the title is in dispute is asserted for the preservation of ...
Page 13
... existence of a doubt as to the title does not of itself constitute sufficient ground for refusing an injunction . " ( Hunt v . Steese , 75 Cal . 624 ; citing Kerr on Injunctions , 2d Am . ed . , 13 , and Hess v . Winder , 34 Cal . 270 ...
... existence of a doubt as to the title does not of itself constitute sufficient ground for refusing an injunction . " ( Hunt v . Steese , 75 Cal . 624 ; citing Kerr on Injunctions , 2d Am . ed . , 13 , and Hess v . Winder , 34 Cal . 270 ...
Page 15
... existence and probably well known . As be- tween old boundary fences , and any survey made after the monu- ments have disappeared , the fences are by far the better evidence of what the lines of a lot actually are . " ( See , also ...
... existence and probably well known . As be- tween old boundary fences , and any survey made after the monu- ments have disappeared , the fences are by far the better evidence of what the lines of a lot actually are . " ( See , also ...
Page 61
... existence of the prior note and mortgage when the sec- ondortgage was executed , while such mortgage remains in the hands of the mortgagee , or of his assignee , who takes without con- sideration , or subsequently to the record of the ...
... existence of the prior note and mortgage when the sec- ondortgage was executed , while such mortgage remains in the hands of the mortgagee , or of his assignee , who takes without con- sideration , or subsequently to the record of the ...
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action affidavit affirmed alleged amended amount answer appellant attorney Bank bond Boody cause charge Civil Code Civil Procedure claim Code of Civil complaint concurred constitution constructive notice contended contract corporation deceased decree deed defendant deficiency judgment demand demurrer Department Two.-December dismiss entitled evidence execution facts fendant filed finding foreclosure fund Garoutte given granted habeas corpus held Henshaw Inyo county issue John Brown Judge judgment and order jurisdiction jury land liability lien lots lumber Madera McFarland ment mortgage mortgagor motion notice objection order appealed order denying owner paid party payment person petition petitioner plaintiff possession Pratt premises proceedings prosecution purchase purpose question quiet title reason record refused release Respondent rule Santa Rosa creek sheriff sold statute street sufficient Superior Court supra testator testimony thereof thousand dollars tion trial trust void witness writ
Popular passages
Page 233 - ... be submitted to the Legislature for its approval or rejection as a whole, without power of alteration or amendment.
Page 21 - When a grant of real property purports to be an absolute conveyance, but is intended to be defeasible on the performance of certain conditions, such grant is not defeated or affected as against any person other than the grantee or his heirs or devisees, or persons having actual notice, unless an instrument of defeasance, duly executed and acknowledged, shall have been recorded in the office of the county recorder of the county where the property is situated.
Page 79 - If the county in which the action is commenced is not the proper county for the trial thereof, the action may, notwithstanding, be tried therein, unless the defendant, at the time he appears and answers or demurs, files an affidavit of merits, and demands, in writing, that the trial be had in the proper county.
Page 264 - He must restore to the other party everything of value which he has received from him under the contract ; or must offer to restore the same, upon condition that such party shall do likewise, unless the latter is unable or positively refuses to do so.
Page 291 - There can be but one action for the recovery of any debt, or the enforcement of any right secured by mortgage upon real estate or personal property, which action must be in accordance with the provisions of this chapter.
Page vi - Court when so convened. The concurrence of four Justices present at the argument shall be necessary to pronounce a judgment in bank; but if four Justices, so 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. In the determination of causes, all decisions of the Court in bank or in departments shall be given in writing, and the grounds of the decision shall be stated....
Page 731 - In an action for the breach of an obligation not arising from contract, where the defendant has been guilty of oppression, fraud, or malice, express or implied, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.— 1905:621.
Page 636 - Whenever an appeal is perfected, as provided in the preceding sections of this Chapter, it stays all further proceedings in the Court below upon the judgment or order appealed from...
Page 594 - Every person who inveigles or entices any unmarried female, of previous chaste character, under the age of eighteen years, into any house of ill-fame, or of assignation, or elsewhere, for the purpose of prostitution, or to have illicit carnal connection with any man; and every person who aids or assists in such inveiglement or enticement; and every person who.
Page 521 - property," as used in this article and section, is hereby declared to include moneys, credits, bonds, stocks, dues, franchises, and all other matters and things, real, personal, and mixed, capable of private ownership...