San Francisco Law Journal, Volume 1Baggett and Scofield, 1878 - 423 pages |
From inside the book
Results 1-5 of 87
Page 5
... defendant's house . Fagan , defendant's servant , had been directed to remove the snow from the roof , and , without authority from defendant , engaged one Cashan to assist . Counsel for defendant requested the Court to charge the jury ...
... defendant's house . Fagan , defendant's servant , had been directed to remove the snow from the roof , and , without authority from defendant , engaged one Cashan to assist . Counsel for defendant requested the Court to charge the jury ...
Page 10
... defendant can not now be heard to allege that the contract was not executed by the corpo- ration . Were the proceedings irregular in that respect , the remedy of the defendant was by appeal to the Council , as prescribed by the eleventh ...
... defendant can not now be heard to allege that the contract was not executed by the corpo- ration . Were the proceedings irregular in that respect , the remedy of the defendant was by appeal to the Council , as prescribed by the eleventh ...
Page 11
... defendant did not appear to have any claim to the title conferred on the city by the Act of March 8 , 1866 , and con- veyed to the plaintiff by the deed in question , and it was , therefore , no con- cern of his whether the plaintiff ...
... defendant did not appear to have any claim to the title conferred on the city by the Act of March 8 , 1866 , and con- veyed to the plaintiff by the deed in question , and it was , therefore , no con- cern of his whether the plaintiff ...
Page 12
... defendant was in a position to liti- ⚫gate that question . The views we have expressed under the first point are decisive against the appellant upon this point . 3. It is next claimed by the appellant , in his printed points , that he ...
... defendant was in a position to liti- ⚫gate that question . The views we have expressed under the first point are decisive against the appellant upon this point . 3. It is next claimed by the appellant , in his printed points , that he ...
Page 13
... defendant have reasonable cause to believe that the bankrupt was insolvent , and did he know that a fraud on the Act was intended ? 1. The notes given for the original advances by defendant had remained unpaid for about two years . No ...
... defendant have reasonable cause to believe that the bankrupt was insolvent , and did he know that a fraud on the Act was intended ? 1. The notes given for the original advances by defendant had remained unpaid for about two years . No ...
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Common terms and phrases
action affirmed agent alleged amend amount appear application assessment assignee authority bank Bankr bankrupt bankruptcy bill bonds cause remanded charge Circuit Court Civil Code Civil Procedure claim Code of Civil commenced complaint Constitution contract corporation court of equity coverture creditors damages debt debtor decision decree deed defendant defendant's demurrer discharge District Court entitled evidence execution facts filed Fort Scott fraud granted held indorser insured interest issue Judgment and order judgment debtor jurisdiction jury Justice land Legislature liable lien McGarrahan ment mortgage motion negligence notice owner paid party patent payment person petition plaintiff in error possession premises privity Probate Court proceedings promissory note purchase question railroad record recover Remittitur forthwith reversed and cause statute suit Supreme Court sureties testator thereof tion trial trust United valid verdict vessel void wharf writ
Popular passages
Page 102 - A thing is deemed to be affixed to land when it is attached to it by roots, as in the case of trees, vines, or shrubs; or imbedded in it, as in the case of walls; or permanently resting upon it, as in the case of buildings; or permanently attached to what is thus permanent, as by means of cement, plaster, nails, bolts, or screws...
Page 7 - Either husband or wife may enter into any engagement or transaction with the other, or with any other person, respecting property, which either might if unmarried; subject, in transactions between themselves, to the general rules which control the actions of persons occupying confidential relations with each other, as defined by the title on trusts.
Page 315 - IN The Court of Errors and Appeals, OF THE — STATE OF NEW JERSEY.
Page 244 - An intervention takes place when a third person is permitted to become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming wha-t is sought by the complaint, or by uniting with the defendant in resisting the claims of the plaintiff, or by demanding anything adversely to both the plaintiff and the defendant...
Page 233 - ... shall, at the time of entering his appearance in such state court, file a petition for the removal of the cause for trial, into the next circuit court, to be held in the district where the suit is pending...
Page 140 - But it is generally held that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Page 55 - So far as she was employed in transporting goods destined for other states, or goods brought from without the limits of Michigan and destined to places within that state, she was engaged in commerce between the states; and, however limited that commerce may have been, she was, so far as it went, subject to the legislation of Congress.
Page 115 - The publication must be made once a week for three successive weeks, in a newspaper published in the county in which the...
Page 238 - ... was submitted to the court for trial, without the intervention of a jury.
Page 113 - The value of the property at the time of the conversion, with the interest from that time...