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 |
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Page 67
... complaint is that on the 3d day of November , 1872 , the defendant made his promissory note in writing to John Koutz , and promised to pay him or order six months after that date $ 500 , with interest at the rate of one per cent . per ...
... complaint is that on the 3d day of November , 1872 , the defendant made his promissory note in writing to John Koutz , and promised to pay him or order six months after that date $ 500 , with interest at the rate of one per cent . per ...
Page 89
... complaint charge defendants with a joint trespass in diverting the waters of Willow Creek from the lands of plaintiff . The Court finds that the defendants , in making such diversion , were acting severally and not in concert ; and ...
... complaint charge defendants with a joint trespass in diverting the waters of Willow Creek from the lands of plaintiff . The Court finds that the defendants , in making such diversion , were acting severally and not in concert ; and ...
Page 94
... complaint in the Dis- trict Court against the plaintiff , and that summons and com- plaint were duly served on plaintiff in each action thus com- menced . Further , that the present plaintiff in due time filed and served his answer as ...
... complaint in the Dis- trict Court against the plaintiff , and that summons and com- plaint were duly served on plaintiff in each action thus com- menced . Further , that the present plaintiff in due time filed and served his answer as ...
Page 98
... complaint are true , and all the allegations and denials of the answer contradicting the complaint in any respect are untrue . " This is not a finding upon the issues tendered by the answer as above given . The judgment must therefore ...
... complaint are true , and all the allegations and denials of the answer contradicting the complaint in any respect are untrue . " This is not a finding upon the issues tendered by the answer as above given . The judgment must therefore ...
Page 115
... complaint . Splivalo appeals from the judgment , claiming that he was entitled to service of the complaint after his true name had been inserted , and to ten days thereafter within which to No authority has been cited in support of his ...
... complaint . Splivalo appeals from the judgment , claiming that he was entitled to service of the complaint after his true name had been inserted , and to ten days thereafter within which to No authority has been cited in support of his ...
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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...