Reports of Cases Determined in the Supreme Court of the State of California, Volume 73Bancroft-Whitney, 1906 |
From inside the book
Results 1-5 of 100
Page 11
... parties came into court and settled the case upon that basis , does not deprive the Superior Court of jurisdiction of the appeal , or of determining whether or not the judgment had in fact been satisfied . APPLICATION for a writ of ...
... parties came into court and settled the case upon that basis , does not deprive the Superior Court of jurisdiction of the appeal , or of determining whether or not the judgment had in fact been satisfied . APPLICATION for a writ of ...
Page 12
... parties were read , tending to show whether the judgment had been satisfied , or plaintiff had accepted the money paid into the Justice's Court . There is here no question of jurisdiction . The entry of the justice that the parties ...
... parties were read , tending to show whether the judgment had been satisfied , or plaintiff had accepted the money paid into the Justice's Court . There is here no question of jurisdiction . The entry of the justice that the parties ...
Page 15
... parties that said sum , with the accrued interest , should be repaid in one year . 5. That the contract of sale of said land was made to said plaintiff by said railroad company . 6. That before the expiration of the year in which pay ...
... parties that said sum , with the accrued interest , should be repaid in one year . 5. That the contract of sale of said land was made to said plaintiff by said railroad company . 6. That before the expiration of the year in which pay ...
Page 16
... parties ; it simply undertook and did determine from all the evidence given upon both sides what the contract actually was , as both parties to the record had diverse views as to that matter . Although an agreement existed to reduce the ...
... parties ; it simply undertook and did determine from all the evidence given upon both sides what the contract actually was , as both parties to the record had diverse views as to that matter . Although an agreement existed to reduce the ...
Page 35
... it is a case by which the right of the parties here may well be tested , for the opin- ion in that case seems to admit that the doctrine there announced , if not opposed to the current of authority June , 1887. ] 35 GREEN V. STATE .
... it is a case by which the right of the parties here may well be tested , for the opin- ion in that case seems to admit that the doctrine there announced , if not opposed to the current of authority June , 1887. ] 35 GREEN V. STATE .
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Common terms and phrases
action was brought adverse possession affirmed alleged amended appeal attorney averment BELCHER Brewer & Co certificate charged Civil Procedure claim Code of Civil commenced complaint concurred constitution contract conviction county of San court of equity deceased deed defendant defendant's demurrer deposit dollars entitled evidence execution executors facts fendant filed Foley foregoing opinion ground guilty habeas corpus HAYNE held issue Jesus Maria judge judgment and order jurisdiction jurors jury jury fee land larceny Lassen County levee MCFARLAND MCKINSTRY ment Mono County mortgage motion offense order refusing ordinance owner paid parties patent payment Penal Code person petitioner plaintiff pleadings possession prior purchase question reasons given recover rendered Respondent rule San Francisco San Joaquin County SHARPSTEIN sheriff's deed statute statute of limitations sufficient Superior Court Susan Dunlap testimony thereof tion trial verdict void witness
Popular passages
Page 449 - It is a maxim, not to be disregarded, that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit, when the very point is presented for de
Page 349 - ... tends to connect the defendant with the commission of the offense; and the corroboration is not sufficient, if it merely shows the commission of the offense, or the circumstances thereof.
Page 247 - Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial; 5.
Page 372 - Any county, city, town, or township may make and enforce within its limits all such local, police, sanitary, and other regulations as are not in conflict with general laws.
Page 681 - ... is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact. Indictments found, or information laid, for publications in newspapers shall be tried in the county where such newspapers have their publication office, or in the county where the party alleged to be libeled resided at the time of the alleged publication, unless the place of trial shall be changed for good cause.
Page 697 - Ontario, which is not accompanied by an immediate delivery, and an actual and continued change of possession...
Page 455 - An action is an ordinary proceeding in a court of justice by which one party prosecutes another for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense.
Page 122 - libel" is a malicious defamation expressed either by writing, printing, or by signs or pictures, or the like, tending to blacken the memory of one who is dead, or to impeach the honesty, integrity, virtue, or reputation, or publish the natural or alleged defects of one who is alive, and thereby to expose him to public hatred, contempt, or ridicule.
Page 575 - Judgments heretofore rendered against the person or persons claiming under the contract of war-risk insurance on the ground that the claim was barred by the statute of limitations shall not be a bar to the institution of another suit on the same claim. No State or other statute of limitations shall be applicable to suits filed under this section.
Page 419 - Procedure requires that every action be brought in the name of the real party in interest...