Reports of Cases Determined in the Supreme Court of the State of California, Volume 108Bancroft-Whitney, 1906 |
From inside the book
Results 1-5 of 100
Page 13
... , is a fact to which the jury were entitled . ( People v . Mallon , 103 Cal . 513. ) It might be further suggested , in answer to appellant's claims that his evidence was all the evidence offered at July , 1895. ] 13 PEOPLE v . YOUNG .
... , is a fact to which the jury were entitled . ( People v . Mallon , 103 Cal . 513. ) It might be further suggested , in answer to appellant's claims that his evidence was all the evidence offered at July , 1895. ] 13 PEOPLE v . YOUNG .
Page 29
... answer to the question : Is it or is it not obnoxious to a general demurrer ? " When this question arises , " to quote the language of Mr. Justice Temple , " courts have always discriminated between insufficient facts and an ...
... answer to the question : Is it or is it not obnoxious to a general demurrer ? " When this question arises , " to quote the language of Mr. Justice Temple , " courts have always discriminated between insufficient facts and an ...
Page 30
... answer has been filed with the clerk , . the clerk . must enter the default of the defendant , and immediately thereafter enter judgment . " The action of the clerk in estimating and adding the amount of the attorney's fee to the ...
... answer has been filed with the clerk , . the clerk . must enter the default of the defendant , and immediately thereafter enter judgment . " The action of the clerk in estimating and adding the amount of the attorney's fee to the ...
Page 49
... answer , and might have been stricken from the answer without impairing its legal effect . ID . - PRAYER IN ANSWER - BASIS FOR AFFIRMATIVE RELIEF . - The fact that the answer prays that it be adjudged that the plaintiff is not the OVIII ...
... answer , and might have been stricken from the answer without impairing its legal effect . ID . - PRAYER IN ANSWER - BASIS FOR AFFIRMATIVE RELIEF . - The fact that the answer prays that it be adjudged that the plaintiff is not the OVIII ...
Page 50
... answer was and is a mortgage , is immaterial , there being no basis in the answer for any affirmative relief , and any affirmative judgment that the deed is a mortgage would add nothing in effect to the simple judgment that plaintiff ...
... answer was and is a mortgage , is immaterial , there being no basis in the answer for any affirmative relief , and any affirmative judgment that the deed is a mortgage would add nothing in effect to the simple judgment that plaintiff ...
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Common terms and phrases
adverse possession affidavit affirmed alleged amount appeal appellant application assessment attorney authority ballots Bank cause of action Cited Civil Procedure claim Code Civ Code of Civil complaint concurred contract corporation counsel County of San creditors damages deceased declared decree deed defendant defendant's demurrer district ditch dollars easement entitled estopped estoppel evidence execution executor facts filed finding fraud GAROUTTE grant Hale & Norcross issue Judge judgment and order jurisdiction jury land liable lien ment mill mining company mortgage motion notice nunc pro tunc opinion order denying owner parties person petitioner plaintiff possession Proc proceedings question quiet title reason record respondent riparian rule San Diego San Diego County San Francisco San Luis Obispo statute stockholder street sufficient Superior Court supra taxes testator thereof tion trial trust void Walkerly widow witness
Popular passages
Page 192 - All property in the State except as otherwise in this Constitution provided, not exempt under the laws of the United States, shall be taxed in proportion to its value, to be ascertained as provided by law...
Page 426 - And the use of all of these terms, 'treaty', 'agreement', 'compact', show that it was the intention of the framers of the Constitution to...
Page 545 - ... to any use or purpose not in the due and lawful execution of his trust, or secretes it with a fraudulent intent to appropriate it to such use or purpose, and any contractor who appropriates money paid to him for any use or purpose, other than for that which he received it, is guilty of embezzlement...
Page 11 - If the court to whom the application is made is satisfied of the truth of the facts stated, and that the examination of the witness is necessary to the attainment of justice, an order must be made that a commission be issued to take his testimony; and the court...
Page 222 - State; provided, that all actions for the recovery of the possession of, quieting the title to, or for the enforcement of liens upon real estate, shall be commenced in the county in which the real estate, or any part thereof affected by such action or actions, is situated.
Page 683 - It is undoubtedly true that there may be cases where one part of a statute may be enforced as constitutional, and another be declared inoperative and void, because unconstitutional; but these are cases where the parts are so distinctly separable that each can stand alone, and where the court is able to see, and to declare, that the intention of the legislature was that the part pronounced valid should be enforceable, even though the other part should fail. To hold otherwise would be to substitute,...
Page 442 - ... utters, publishes, passes, or attempts to pass, as true and genuine, any of the above-named false, altered, forged, or counterfeited matters, as above specified and described, knowing the same to be false, altered, forged, or counterfeited, with intent to prejudice, damage, or defraud any person; or...
Page 330 - When a health law is challenged in the courts as unconstitutional, on the ground that it arbitrarily interferes with personal liberty and private property without due process of law, the courts must be able to see that it has at least in fact some relation to the public health, that the public health is the end actually aimed at, and that it is appropriate and adapted to that end.
Page 222 - Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated, subject to the power of the court to change the place of trial, as...
Page 647 - The suspension of all power to alienate the subject of a trust, other than a power to exchange it for other property to be held upon the same trust, or to sell it and reinvest the proceeds to be held upon the same trust, is a suspension of the power of alienation, within the meaning of section seven hundred and fifteen.