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 |
From inside the book
Results 1-5 of 79
Page 3
... question presented is whether the decree settling the final account of John Kehoe as executor of the will of Mc- Connell is a judgment within the meaning of section 1643 of the Code of Civil Procedure so as to entitle the McConnell ...
... question presented is whether the decree settling the final account of John Kehoe as executor of the will of Mc- Connell is a judgment within the meaning of section 1643 of the Code of Civil Procedure so as to entitle the McConnell ...
Page 4
... question presented is the sufficiency of the peti- tion to confer jurisdiction on the Board to order the work . Defendants say it is insufficient in form because it omits to state that the parties signing are the owners of the lots ...
... question presented is the sufficiency of the peti- tion to confer jurisdiction on the Board to order the work . Defendants say it is insufficient in form because it omits to state that the parties signing are the owners of the lots ...
Page 12
... question of federal law . The validity of the judgment of the circuit court , therefore , depends upon the sufficiency of the facts set forth in the peti- tion for removal . For the purposes of the transfer of a cause , the petition for ...
... question of federal law . The validity of the judgment of the circuit court , therefore , depends upon the sufficiency of the facts set forth in the peti- tion for removal . For the purposes of the transfer of a cause , the petition for ...
Page 14
... question presented in any particu- lar case , and not to anticipate any that may arise in the future . Under these circumstances the present case is not to be con- sidered as conclusive upon any question except the one di- rectly ...
... question presented in any particu- lar case , and not to anticipate any that may arise in the future . Under these circumstances the present case is not to be con- sidered as conclusive upon any question except the one di- rectly ...
Page 24
... question ; that defendant did not state that his possession was bona fide and his offer did not show that he was in possession on the 8th day of March 1866 ; and that his plea of the Statute of limitations was bad . We now give the ...
... question ; that defendant did not state that his possession was bona fide and his offer did not show that he was in possession on the 8th day of March 1866 ; and that his plea of the Statute of limitations was bad . We now give the ...
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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.