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 3
... rendered in a Justice's Court , which is void on its face for the reason that the court never acquired any jurisdiction of the person of the defendant . In such a case , the defendant has an adequate remedy at law , by motion in the ...
... rendered in a Justice's Court , which is void on its face for the reason that the court never acquired any jurisdiction of the person of the defendant . In such a case , the defendant has an adequate remedy at law , by motion in the ...
Page 4
... summons upon him ) , or of the default taken , or of the judgment rendered therein , or of the issuance of the execution , until de- mand was made upon him by defendant Bushyhead for payment 4 [ Sup . Ct . LUCO v . BROWN .
... summons upon him ) , or of the default taken , or of the judgment rendered therein , or of the issuance of the execution , until de- mand was made upon him by defendant Bushyhead for payment 4 [ Sup . Ct . LUCO v . BROWN .
Page 5
... rendered against him in the Justice's Court was void for the reason that the court never acquired any jurisdiction of his person , still it does not follow that he can maintain this action . The same question was involved in Comstock v ...
... rendered against him in the Justice's Court was void for the reason that the court never acquired any jurisdiction of his person , still it does not follow that he can maintain this action . The same question was involved in Comstock v ...
Page 6
... rendered the judgment . " In Ede v . Hazen , 61 Cal . 360 , it is said : " As appears upon the face of their complaint , the plaintiffs discov- ered within forty days after the entry of the judgment , and within six months after the ...
... rendered the judgment . " In Ede v . Hazen , 61 Cal . 360 , it is said : " As appears upon the face of their complaint , the plaintiffs discov- ered within forty days after the entry of the judgment , and within six months after the ...
Page 10
... render an ac- count at the expiration of three months . The assignee cannot at any time be heard to object to an order requiring him to render an account . The court may so order as often as occasion seems to require . Appeal dismissed ...
... render an ac- count at the expiration of three months . The assignee cannot at any time be heard to object to an order requiring him to render an account . The court may so order as often as occasion seems to require . Appeal dismissed ...
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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...