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 6W.T. Baggett and Company, 1881 |
From inside the book
Results 1-5 of 76
Page 46
... party to whom he had agreed to sell the land , receiving from such third party the money for the land , the insurance company , if treating the agent as its debtor , will be bound by the acts of its agent , so far as regards the right ...
... party to whom he had agreed to sell the land , receiving from such third party the money for the land , the insurance company , if treating the agent as its debtor , will be bound by the acts of its agent , so far as regards the right ...
Page 50
... parties are placed back in the same condition as they were before the di- vorce was granted ; and it can make no difference that the party to whom the divorce was granted has married in the meantime , or that a child has been born as ...
... parties are placed back in the same condition as they were before the di- vorce was granted ; and it can make no difference that the party to whom the divorce was granted has married in the meantime , or that a child has been born as ...
Page 83
... party who obtained it , or any one who occupies no better position in re- gard to it than the party who obtained it , attack and avoid it in a collateral action ? If it be voidable , it is solely so , be- cause the plaintiff's grantor ...
... party who obtained it , or any one who occupies no better position in re- gard to it than the party who obtained it , attack and avoid it in a collateral action ? If it be voidable , it is solely so , be- cause the plaintiff's grantor ...
Page 84
... party by whom the fraud is perpetrated has that election . We had always supposed that if he over- reached himself ... parties oc- cupy in this respect no better or worse positions than their several grantors would if this action were ...
... party by whom the fraud is perpetrated has that election . We had always supposed that if he over- reached himself ... parties oc- cupy in this respect no better or worse positions than their several grantors would if this action were ...
Page 86
... party . But one may be a surety merely , as between himself and his co - promissor , and yet , as to the creditor , both his apparent and actual character be that of principal . It is suggested , with much plausibility , that the ...
... party . But one may be a surety merely , as between himself and his co - promissor , and yet , as to the creditor , both his apparent and actual character be that of principal . It is suggested , with much plausibility , that the ...
Other editions - View all
Common terms and phrases
action adverse possession affidavit affirmed alleged amended answer appeal appellant application assessment attorney authority averments Board California cause cause of action City and County Civil Procedure claim Colusa County commenced Commissioners complaint concur Constitution contract corporation counsel County of San Court of equity creditors damages deceased decree deed defendant defendant's delivered the opinion demurrer denied District Court duty election entitled error evidence executed fact fendant grant held issue Judge Judgment and order Judicial District jury Land Office Legislature lien McKee McKinstry ment mortgage motion Myrick notice owner party patent payment person petition petitioner plaintiff Political Code possession pre-emption premises proceedings promissory note purchase question railroad record respondent Ross rule Sacramento County San Francisco Santa Clara County Section Sharpstein statute Statute of Limitations Superior Court Supreme Court thereof Thornton tion trial verdict writ
Popular passages
Page 212 - The General Assembly shall not pass local or special laws in any of the following enumerated cases, that is to say : Regulating the jurisdiction and duties of justices of the peace and of constables; For the punishment of crimes and misdemeanors...
Page 530 - The writ of prohibition is the counterpart of the writ of mandate. It arrests the proceedings of any tribunal, corporation, Board, or person, when such proceedings are without or in excess of the jurisdiction of such tribunal, corporation, Board, or person.
Page 520 - ... is caused by the wrongful act or neglect of another, his heirs or personal representatives may maintain an action for damages against the person causing the death, or if such person be employed by another person who is responsible for his conduct, then also against such other person. In every action under this and the preceding section, such damages may be given as under all the circumstances of the case, may be just.
Page 550 - Whenever any patent is inoperative or invalid, by reason of a defective or insufficient specification, or by reason of the patentee claiming as his own invention or discovery more than he had a right to claim as new, if the error has arisen by inadvertence, accident, or mistake, and without any fraudulent or deceptive intention, the Commissioner shall, on the surrender of such patent and the payment of the duty required by law, cause a new patent for the same invention, and in accordance with the...
Page 672 - THIS INDENTURE, made this day of , in the year One thousand, nine hundred and , between of , the party of the first part...
Page 748 - A criminal action prosecuted by indictment may be removed from the court in which it is pending, on the application of the defendant on the ground that a fair and impartial trial cannot be had in the county where the indictment is pending.
Page 247 - the actual existence of any particular purpose, motive or intent is a necessary element to constitute a particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time, in determining the purpose, motive or intent with which he committed the act.
Page 344 - The Legislature, by general and uniform laws, shall provide for the election or appointment, in the several counties, of Boards of Supervisors, Sheriffs, County Clerks, District Attorneys, and such other county, township, and municipal officers as public convenience may require, and shall prescribe their duties, and fix their terms of office.
Page 413 - ... 1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true ; "2.
Page 550 - This provision of the Act of 1836 was in turn superseded by § 53 of the Act of July 8th, 1870, c. 230, 16 Stat. 205, which provided, " that whenever any patent is inoperative or invalid, by reason of a defective or insufficient specification, or by reason of the patentee claiming as his own invention or discovery more than he had a right to claim as new...