Reports of Cases Determined in the Supreme Court of the State of California, Volumen2Bancroft-Whitney, 1875 |
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action admitted affirmed agreed agreement alleged allowed amount answer appellant apply assignment attorney authority bill bond brought cause charge Cited claim common complaint consideration constitution contract costs counsel Court damages debt decided decision deed defendant delivered denied District Court effect entered entitled evidence excepted execution exercise fact filed fraud Fund further give given granted ground held hold intent interest issue Johns judge judgment Judicial jury Justice land lease legislature lien March ment month mortgage motion necessary notice objection opinion owner paid parties passed payment person plaintiff possession premises present proceedings proved purchase question reason received record reference refused rendered rent respondent Rowe rule San Francisco statute sufficient suit taken term testimony tion trial unless verdict void witness
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Página 212 - When any office shall, from any cause, become vacant, and no mode is provided by the constitution and laws for filling such vacancy, the governor shall have power to fill such vacancy by granting a commission, which shall expire at the end of the next session of the legislature, or at the next election by the people.
Página 235 - In case of the impeachment of the Governor, or his removal from office, death, inability to discharge the powers and duties of the said office, resignation, or absence from the State, the powers and duties of the office shall devolve upon the Lieutenant-Governor for the residue of the term, or until the disability shall cease.
Página 243 - 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 in the cases hereinafter expressly directed or permitted.
Página 367 - The right of trial by jury shall be secured to all, and remain inviolate ; but in civil actions three-fourths of the jury may render a verdict.
Página 618 - The writ of mandamus may be denominated the writ of mandate.— 1873-345. 1085. It may be issued by any court, except a justice's or police court, to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station...
Página 109 - A statement of the facts constituting the cause of action, in ordinary and concise language...
Página 572 - Whatever belongs merely to the remedy may be altered according to the will of the state, provided the alteration does not impair the obligation of the contract. But if that effect is produced, it is immaterial whether it is done by acting on the remedy or directly on the contract itself. In either case it is prohibited by the Constitution.
Página 405 - When a claim is rejected either by the executor or administrator, or the probate judge, the holder shall bring suit in the proper court against the executor or administrator, within three months after the date of its rejection, if it be then due, or within three months after it becomes due, otherwise the claim shall be forever barred.
Página 630 - The order may be made whenever it appears to the judge, by the affidavit of the plaintiff, or some other person, that a sufficient cause of action exists, and that the case is one of those mentioned in section four hundred and seventynine.
Página 627 - In any manner relating thereto, shall hereafter be created, granted, assigned, surrendered or declared, unless by act or operation of law, or by a 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.