Reports of Cases Determined in the Supreme Court of the State of California, Volume 159Bancroft-Whitney, 1911 |
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action administrator alleged amount appeal assessment attorney authority Bank bonds Civil Code Civil Procedure claim CLIX Code of Civil common carrier community property complaint conclusion consideration constitution construction contract corporation County damages death deceased declared decree deed defendant defendant's determine distribution ditch effect entitled equitable estoppel evidence execution executor fact filed finding Garvanza held homestead hundred dollars husband injury interest issue Judge judgment jurisdiction juror jury land lease lien Lorigan Los Angeles County mandamus matter ment motion negligence opinion order denying ordinance owner paid parties payment pending person petition plaintiff possession probate proceeding provisions purchase purpose question quiet title real property reason Reclamation District res adjudicata Respondent rule San Francisco statute Street sufficient superior court Sweatt testatrix testimony thereof thousand dollars tion trial court trustees verdict warrant water company wife writ
Popular passages
Page 880 - A corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occurs; or in the county where the principal place of business of such corporation is situated, subject to the power of the Court to change the place of trial as in other cases.
Page 253 - States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and of all veins, lodes, and ledges throughout their entire depth, the top or apex of which lies inside of such surface lines extended downward vertically, although such veins, lodes, or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of such surface locations.
Page 616 - That the said party of the first part for and in consideration of the sum of five hundred dollars ($500.00), lawful money of the United States of America, to them in hand paid by the said party of the second part...
Page 256 - A patent for any land claimed and located for valuable deposits may be obtained in the following manner : Any person, association, or corporation authorized to locate a claim under this chapter, having claimed and located a piece of land for such purposes, who has, or have, complied with the terms of this chapter, may file in the proper land office an application for a patent, under oath, showing such compliance...
Page 844 - In all cases the judgment may be enforced or carried into execution after the lapse of five years from the date of its entry, by leave of the court, upon motion, or by judgment for that purpose, founded upon supplemental pleadings...
Page 528 - When the jury has separated without leave of the court, after retiring to deliberate upon their verdict, or been guilty of any misconduct by which a fair and due consideration of the case has been prevented; 4.
Page 512 - There is also the general police power of the state, by which persons and property are subjected to all kinds of restraints and burdens, in order to secure the general comfort, health, and prosperity of the state, of the perfect right, in the Legislature to do which no question ever was, or, upon acknowledged general principles, ever can be, made so far as natural persons are concerned.
Page 253 - The location must be distinctly marked on the ground so that its boundaries can be readily traced. All records of mining claims hereafter made shall contain the name or names of the locators, the date of the location, and such a description of the claim or claims located by reference to some natural object or permanent monument as will identify the claim. On each claim located after the tenth day of May, eighteen hundred and seventy-two, and until a patent has been issued therefor, not less than...
Page 335 - ... judicial interference should never occur unless the case presents, clearly and beyond all doubt, such a flagrant attack upon the rights of property under the guise of regulations as to compel the court to say that the rates prescribed will necessarily have the effect to deny just compensation for private property taken for the public use.
Page 793 - It does not interfere with the well-established principle that where the true owner holds out another, or allows him to appear, as the owner of, or as having full power of disposition over, the property, and innocent third parties are thus led into dealing with such apparent owner, they will be protected.