Pacific Coast Law Journal: Containing All the Decisions of the Supreme Court of California, and the Important Decisions of the U.S. Circuit and U.S. District Courts for the District of California, and of the U.S. Supreme Court and Higher Courts of Other States, Volume 1W.T. Baggett and Company, 1878 |
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Results 1-5 of 88
Page 20
... defendant's trains , plaintiff was injured by defendant's negligence . Held , ( 1 ) that plaintiff was carried for hire , in pursuance of an agreement , and not as a gratuitous passenger ; ( 2 ) that it was not competent for defendant ...
... defendant's trains , plaintiff was injured by defendant's negligence . Held , ( 1 ) that plaintiff was carried for hire , in pursuance of an agreement , and not as a gratuitous passenger ; ( 2 ) that it was not competent for defendant ...
Page 21
... defendant , or that he is a proper party to an action relating to real property in the state , such Court or judge may grant an order that the service be made by publication of summons when the defendant is not a resident of the state ...
... defendant , or that he is a proper party to an action relating to real property in the state , such Court or judge may grant an order that the service be made by publication of summons when the defendant is not a resident of the state ...
Page 24
... defendant . 4. As to the plea of the statutes of limitation . The court held that inasmuch as the defendant did not appear to have any claim to the title he was in no position to litigate the question ; that defendant did not state that ...
... defendant . 4. As to the plea of the statutes of limitation . The court held that inasmuch as the defendant did not appear to have any claim to the title he was in no position to litigate the question ; that defendant did not state that ...
Page 25
... defendant , John Duane , then offered to prove that neither the plaintiff nor his grantor was in the bona fide possession of the said land on the 8th day of March , 1866 , nor any one for them , which evidence was offered for the ...
... defendant , John Duane , then offered to prove that neither the plaintiff nor his grantor was in the bona fide possession of the said land on the 8th day of March , 1866 , nor any one for them , which evidence was offered for the ...
Page 50
... defendant , he must be brought within its juris- diction by service of process within the State , or his voluntary appearance . Mr Justice FIELD delivered the opinion of the court . This is an action to recover the possession of a tract ...
... defendant , he must be brought within its juris- diction by service of process within the State , or his voluntary appearance . Mr Justice FIELD delivered the opinion of the court . This is an action to recover the possession of a tract ...
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action affirmed agent alleged amended amount answer appeal application attachment attorney authority bank bill brought California cause charge Circuit claim Code common complaint Congress considered Constitution contained contract corporation County damages decision decree deed defendant denied determine directed District effect entered entitled error evidence executed fact filed findings follows give given grant ground held hold instruction interest issued judge judgment jurisdiction jury Justice land limits March matter means ment mortgage motion nature necessary notice object opinion owner paid party passed payment person plaintiff possession premises present proceedings purchase question reason received record recover reference remanded rendered residence respect respondent reversed rule sold statute sufficient suit Supreme Court taken thereof tion trial United valid void witness
Popular passages
Page 276 - An act granting the right of way to ditch and canal owners over the public lands, and for other purposes...
Page 214 - And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district.
Page 382 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
Page 186 - An action may be brought by any person against another who claims an estate or interest in real property, adverse to him, for the purpose of determining such adverse claim...
Page 75 - Where a party gives a reason for his conduct and decision touching anything involved in a controversy, he cannot, after litigation has begun, change his ground, and put his conduct upon another and a different consideration. He is not permitted thus to mend his hold. He Is estopped from doing it by a settled principle of law.
Page 277 - That whenever by priority of possession rights to the use of water for mining, agricultural, manufacturing, or other purposes have vested and accrued and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same...
Page 486 - The principle is, that where the owner of two tenements sells one of them, or the owner of an entire estate sells a portion, the purchaser takes the tenement or portion sold with all the benefits and burdens which appear at the time of the sale to belong to it, as between it and the property which the vendor retains.
Page 498 - A pardon reaches both the punishment prescribed for the offense and the guilt of the offender; and when the pardon is full, it releases the punishment and blots out of existence the guilt, so that in the eye of the law the offender is as innocent as if he had never committed the offense.
Page 55 - Process from the tribunals of one state cannot run into another state, and summon parties there domiciled to leave its territory and respond to proceedings against them. Publication of process or notice within the state where the tribunal sits cannot create any greater obligation upon the nonresident to appear. Process sent to him out of the state, and process published within it, are equally unavailing in proceedings to establish his personal liability.
Page 437 - The governor shall have the power to grant reprieves, commutations and pardons after conviction, for all offenses, except treason and cases of impeachment, upon such conditions and with such restrictions and limitations as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons.