Reports of Cases Determined in the Supreme Court of the State of California, Volume 2Bancroft-Whitney, 1875 |
From inside the book
Results 1-5 of 81
Page 24
... facts of a case , the proper mode of reserving the questions of law arising upon the facts , is to ask the Court to decide the law as counsel may desire ; and upon a refusal , to have it noted in the bill of exceptions . In this case ...
... facts of a case , the proper mode of reserving the questions of law arising upon the facts , is to ask the Court to decide the law as counsel may desire ; and upon a refusal , to have it noted in the bill of exceptions . In this case ...
Page 32
... fact had been known , was dead ( and there- fore unable to testify ) ; and this testimony was all that the party could procure . In the case before us the witness does not testify that the contract declared on was in the trunk said to ...
... fact had been known , was dead ( and there- fore unable to testify ) ; and this testimony was all that the party could procure . In the case before us the witness does not testify that the contract declared on was in the trunk said to ...
Page 35
... fact was then made on the answers of the garnishees , and tried by the Court without a jury . The plaintiff proved ... facts was annexed to the record . E. L. and S. W. Saunders , for the appellants , made the following points : 1st ...
... fact was then made on the answers of the garnishees , and tried by the Court without a jury . The plaintiff proved ... facts was annexed to the record . E. L. and S. W. Saunders , for the appellants , made the following points : 1st ...
Page 40
... fact that the plaintiff's services were [ 39 ] worth * more than $ 30 per month did not warrant the Court , in the face of a direct contract , in presuming that board was included . Judgment reversed and new trial ordered . DE GRASSE B ...
... fact that the plaintiff's services were [ 39 ] worth * more than $ 30 per month did not warrant the Court , in the face of a direct contract , in presuming that board was included . Judgment reversed and new trial ordered . DE GRASSE B ...
Page 64
... not a general , but a specific lien on specific property ; and what is sufficient cer- tainty has been held a question of fact ; and here the Court found that it was too uncertain . ( Ewing v 64 62 [ Sup . Ct . HOTALING V. CRONISE .
... not a general , but a specific lien on specific property ; and what is sufficient cer- tainty has been held a question of fact ; and here the Court found that it was too uncertain . ( Ewing v 64 62 [ Sup . Ct . HOTALING V. CRONISE .
Other editions - View all
Common terms and phrases
A. T. Wilson action affidavit affirmed alleged amount answer appellant April assignment attorney authority avers award bill bond cause Chief Justice Cited city of San claim common law complaint constitution contract conveyance costs counsel court of equity Court of Sessions damages debt decision declared decree deed defendant delivered the opinion denied District Court entitled evidence execution fact fendant filed fraud granted Guzman HEYDENFELDT interest issue judge judgment Judicial District jury land lease legislature liability lien ment mortgage motion notice overruled owner paid parties payment person plaintiff possession premises promissory note purchase question record reference refused rent respondent Rowe rule Sacramento County San Francisco sheriff Sinking Fund slave statute Statute of Frauds suit testimony thereof tion trial trial by jury Truebody vacancy verdict void Wend witness writ Yuba County
Popular passages
Page 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.
Page 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.
Page 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.
Page 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.
Page 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...
Page 109 - A statement of the facts constituting the cause of action, in ordinary and concise language...
Page 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.
Page 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.
Page 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.
Page 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.