Reports of Cases Determined in the Supreme Court of the State of California, Volumen18Bancroft-Whitney, 1906 |
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Términos y frases comunes
action affidavit alleged Amador county answer apply assignment attachment authority avers BALDWIN bill bills of lading Board of Supervisors Butte county Calaveras County California cited city and county claim common law complaint Constitution contract corporation county of San Court of Sessions Court-FIELD creditors damages debt deceased decree deed delivered the opinion demurrer District Court dollars ejectment El Dorado County eminent domain entitled equity evidence executed facts filed fraud Government grant ground Harris held hundred husband injunction interest issued Judge Judgment affirmed jurisdiction jury land Legislature liable mandamus ment mortgage notice objection owner paid parties patent payment person plaintiff possession premises proceedings proof purchase question recover refused Respondent rule San Francisco Sheriff statute suit Supreme Court tion tract trial United Wend wife witness Woodbeck writ writ of assistance
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Página 464 - Russian-American territory, together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and, also, all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, or to the above-described premises, and every part and parcel thereof,...
Página 2 - In an action upon a contract, express or implied, for the direct payment of money...
Página 452 - The court may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process or proceeding, by adding or striking out the name of any party ; or by correcting a mistake in the name of a party, or a mistake in any other respect...
Página 352 - Forrester, that, although there may have been negligence on the part of the plaintiff, yet unless he might, by the exercise of ordinary care, have avoided the consequences of the defendant's negligence, he is entitled to recover; if by ordinary care he might have avoided them, he is the author of his own wrong.
Página 542 - That each and every person claiming lands in California by virtue of any right or title derived from the Spanish or Mexican government...
Página 682 - All men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty; acquiring, possessing, and protecting property; and pursuing and obtaining safety- and happiness.
Página 150 - ... that the attachment is not sought, and the action is not prosecuted to hinder, delay, or defraud any creditor or creditors of the defendant.
Página 438 - The reason and philosophy of the rule, says the author, is, that when the mind of the legislator has been turned to the details of a subject, and he has acted upon it, a subsequent statute in general terms, or treating the subject in a general manner, and not expressly contradicting the original act, shall not be considered as intended to affect the more particular or positive previous provisions, unless it is absolutely necessary to give the latter act such a construction, in order that its words...
Página 703 - When the verdict has been decided by lot, or by any means other than a fair expression of opinion on the part of all the jurors ; 5.
Página 737 - An action upon a liability created by statute, other than a penalty or forfeiture. 2. An action for trespass upon real property. 3. An action for taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property.