Reports of Cases Determined in the Supreme Court of the State of California, Volumen25

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Bancroft-Whitney Company, 1906
 

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Página 607 - By the twenty-filth section of the judiciary act of seventeen hundred and eighty-nine, it is provided, "that a final judgment or decree in any suit in the highest court of law or equity of a state, in which a decision in the suit could be had...
Página 633 - States, and the decision is in favor of such their validity ; or where is drawn in question the construction of any clause of the Constitution, or of a treaty or statute of, or commission held under the United States, and the decision is against the title, right, privilege, or exemption. specially set up or claimed by either party under such clause of the said Constitution, treaty, statute, or commission...
Página 245 - The powers of the Government of the State of California shall be divided into three separate departments — the legislative, executive, and judicial ; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any functions appertaining to either of the others, except as in this Constitution expressly directed or permitted.
Página 432 - Although, among the enumerated powers of government, we do not find the word " bank," or " incorporation," we find the great powers to lay and collect taxes; to borrow money; to regulate commerce; to declare and conduct a war; and to raise and support armies and navies. The sword and the purse, all the external relations, and no inconsiderable portion of the industry of the nation, are intrusted to its government.
Página 416 - ... ascertain the sums and expenses necessary for the defence and welfare of the United States, or any of them, nor emit bills, nor borrow money on the credit of the United States, nor appropriate money, nor agree upon the number of vessels of war to be built or purchased, or the number of land or sea forces to be raised, nor appoint a Commander-in-chief of the army or navy, unless nine States assent to the same...
Página 421 - We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended. But we think the sound construction of the constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it in the manner most beneficial to the people.
Página 201 - ... unless the same be accompanied by an immediate delivery, and be followed by an actual and continued change of possession...
Página 29 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Página 176 - On this.... day of July, AD, 1917, personally appeared before me, a Notary Public, in and for the County of State of Texas, John Jones, known to me to be the person described in and who executed the foregoing instrument and who acknowledged to me that he executed the same freely and voluntarily and for the uses and purposes therein mentioned.
Página 417 - The Congress shall have Power 1 To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States...

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