Reports of Cases Determined in the Supreme Court of the State of California, Volume 73Bancroft-Whitney, 1906 - Law reports, digests, etc |
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Results 1-5 of 100
Page 3
... defendant . In such a case , the defendant has an adequate remedy at law , by motion in the Justice's Court , to set aside the execution . APPEAL from an order of the Superior Court of San Diego County dissolving an injunction . The ...
... defendant . In such a case , the defendant has an adequate remedy at law , by motion in the Justice's Court , to set aside the execution . APPEAL from an order of the Superior Court of San Diego County dissolving an injunction . The ...
Page 11
... defendant of the amount of the judgment ; and an en- try in the docket of the justice reciting the payment , and that the parties came into court and settled the case upon that basis , does not deprive the Superior Court of jurisdiction ...
... defendant of the amount of the judgment ; and an en- try in the docket of the justice reciting the payment , and that the parties came into court and settled the case upon that basis , does not deprive the Superior Court of jurisdiction ...
Page 13
... defendant would have five years from the 8th of July , 1881 , in which to pay the purchase price . On the 5th of July , 1881 , the plaintiff paid the first installment of the purchase price to the company , for the benefit of the defendant ...
... defendant would have five years from the 8th of July , 1881 , in which to pay the purchase price . On the 5th of July , 1881 , the plaintiff paid the first installment of the purchase price to the company , for the benefit of the defendant ...
Page 14
... defendant answered , denying all the allegations of the complaint , and setting up facts which went to show him ... defendant made appli- cation to said company to be permitted to purchase the same . 2. That in June , 1881 , the said ...
... defendant answered , denying all the allegations of the complaint , and setting up facts which went to show him ... defendant made appli- cation to said company to be permitted to purchase the same . 2. That in June , 1881 , the said ...
Page 15
... defendant a statement of the amount due from him on the advance as made by plaintiff . 11. That defendant has at all times been ready and will- ing to repay to said plaintiff the amount due , when ascer- tained , but said plaintiff has ...
... defendant a statement of the amount due from him on the advance as made by plaintiff . 11. That defendant has at all times been ready and will- ing to repay to said plaintiff the amount due , when ascer- tained , but said plaintiff has ...
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Common terms and phrases
adverse possession affirmed alleged amended appeal application attorney averment Bank BELCHER Brewer & Co Central Pacific Railroad certificate charged charter cited city and county Civil Procedure claim Code of Civil complaint concurred constitution contract conviction county of San court of equity deceased decree deed defendant defendant's demurrer denied dollars effect entitled evidence execution executors facts fendant filed foregoing opinion granted ground guilty habeas corpus HAYNE held homestead instruction issue judgment and order jurisdiction jury land larceny MCFARLAND MCKINSTRY ment mortgage motion Note citations offense order refusing ordinance owner paid parties patent payment Penal Code person petitioner plaintiff pleadings possession prior probate purchase question reasons given recover rendered Respondent rule San Francisco San Joaquin County SHARPSTEIN sheriff's deed statute statute of limitations sufficient Superior Court testimony thereof tion trial verdict void witness
Popular passages
Page 449 - It is a maxim, not to be disregarded, that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit, when the very point is presented for de
Page 349 - ... the corroboration is not sufficient, if it merely shows the commission of the offense, or the circumstances thereof.
Page 247 - Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial; 5.
Page 77 - Cities and towns heretofore organized or incorporated may become organized under such general laws whenever a majority of the electors voting at a general election shall so determine, and shall organize in conformity therewith ; and cities or towns heretofore or hereafter organized and all charters thereof framed or adopted by authority of this constitution shall be subject to and controlled by general laws.
Page 372 - 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 544 - ... deed, or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering, or declaring the same, or by his lawful agent thereunto authorized by writing.
Page 121 - ... is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact. Indictments found, or information laid, for publications in newspapers shall be tried in the county where such newspapers have their publication office, or in the county where the party alleged to be libeled resided at the time of the alleged publication, unless the place of trial shall be changed for good cause.
Page 122 - libel" is a malicious defamation expressed either by writing, printing, or by signs or pictures, or the like, tending to blacken the memory of one who is dead, or to impeach the honesty, integrity, virtue, or reputation, or publish the natural or alleged defects of one who is alive, and thereby to expose him to public hatred, contempt, or ridicule.
Page 419 - Procedure requires that every action be brought in the name of the real party in interest...
Page 68 - The judgment is reversed, and the cause remanded, with directions to the court below to enter judgment...