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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Page v
... ment pronounced by a department ; but where a cause has been allotted to one of the departments , and a judg- ment pronounced thereon , the order must be made within thirty days after such judgment , and concurred in by two associate ...
... ment pronounced by a department ; but where a cause has been allotted to one of the departments , and a judg- ment pronounced thereon , the order must be made within thirty days after such judgment , and concurred in by two associate ...
Page 2
... ment of a bill of exceptions . The last petition is clearly in- sufficient . The order of the 7th of June , 1887 , is set aside and annulled , and the application based on the petition filed in this court on the 15th of June , 1887 , is ...
... ment of a bill of exceptions . The last petition is clearly in- sufficient . The order of the 7th of June , 1887 , is set aside and annulled , and the application based on the petition filed in this court on the 15th of June , 1887 , is ...
Page 3
... MENT - MOTION TO SET ASIDE EXECUTION . - An injunction will not lie to restrain the enforcement of an execution issued on a judgment by default rendered in a Justice's Court , which is void on its face for the reason that the court ...
... MENT - MOTION TO SET ASIDE EXECUTION . - An injunction will not lie to restrain the enforcement of an execution issued on a judgment by default rendered in a Justice's Court , which is void on its face for the reason that the court ...
Page 11
... MENT INTO COURT - APPEAL - JURISDICTION . - The plaintiff in an ac- tion in a Justice's Court is not deprived of his right to appeal from a judgment rendered in his favor by the mere payment into court by the defendant of the amount of ...
... MENT INTO COURT - APPEAL - JURISDICTION . - The plaintiff in an ac- tion in a Justice's Court is not deprived of his right to appeal from a judgment rendered in his favor by the mere payment into court by the defendant of the amount of ...
Page 14
... ment by said defendant to it of the sum of $ 225.28 , on or before the eighth day of July , 1881 , it , the said com- pany , would execute to said defendant a contract of sale of said land . 3. That by the terms of said contract , the ...
... ment by said defendant to it of the sum of $ 225.28 , on or before the eighth day of July , 1881 , it , the said com- pany , would execute to said defendant a contract of sale of said land . 3. That by the terms of said contract , the ...
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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...