San Francisco Law Journal, Volume 1Baggett and Scofield, 1878 - 423 pages |
From inside the book
Results 1-5 of 76
Page 15
... recovered back at law . " And for this numerous authorities are cited . If this be the law , it results that the oral promise made by the bankrupt , to give a mortgage on the distillery , created no equitable charge or lien upon it ...
... recovered back at law . " And for this numerous authorities are cited . If this be the law , it results that the oral promise made by the bankrupt , to give a mortgage on the distillery , created no equitable charge or lien upon it ...
Page 21
... recover damages for the malicious prosecution of a civil action , when no arrest of the person of the defendant , or seizure of his prop- erty has occurred , can be maintained in this State . The adjudged cases in England and America ...
... recover damages for the malicious prosecution of a civil action , when no arrest of the person of the defendant , or seizure of his prop- erty has occurred , can be maintained in this State . The adjudged cases in England and America ...
Page 27
... recovered therein . 2. PROTEST AND SERVICE OF NOTICE THEREOF . - It is incumbent upon a party seeking to charge an indorser to prove a legal notice , but this , like any other question of fact , is to be settled upon the testimony as it ...
... recovered therein . 2. PROTEST AND SERVICE OF NOTICE THEREOF . - It is incumbent upon a party seeking to charge an indorser to prove a legal notice , but this , like any other question of fact , is to be settled upon the testimony as it ...
Page 35
... recover such a debt within two years from the time when his right of action accrued , but gave directions to the clerk not to issue the summons , and such summons was accord- ingly not issued or served until more than two years from the ...
... recover such a debt within two years from the time when his right of action accrued , but gave directions to the clerk not to issue the summons , and such summons was accord- ingly not issued or served until more than two years from the ...
Page 36
... recover in this case was filed within two years from the date of the order of the District Court to the assignee , to collect the unpaid stock , but by direction of the plaintiff's counsel to the clerk the writ of summons was not issued ...
... recover in this case was filed within two years from the date of the order of the District Court to the assignee , to collect the unpaid stock , but by direction of the plaintiff's counsel to the clerk the writ of summons was not issued ...
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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...