Reports of Cases Determined in the Supreme Court of the State of California, 25권Bancroft-Whitney, 1906 |
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100개의 결과 중 1 - 5개
32 페이지
... defendant to have entered lawfully ; the presumption of law is that his continued possession is also lawful ; and to overcome such presumption there should be some allegation to show such holding to be wrongful . The mere fact of a ...
... defendant to have entered lawfully ; the presumption of law is that his continued possession is also lawful ; and to overcome such presumption there should be some allegation to show such holding to be wrongful . The mere fact of a ...
33 페이지
... defendant is the tenant of plaintiff . Yet such facts as show rent to be due from the defendant to the plaintiff are not stated ; nor are there such allegations in the complaint as show that defendant has forfeited his term by non ...
... defendant is the tenant of plaintiff . Yet such facts as show rent to be due from the defendant to the plaintiff are not stated ; nor are there such allegations in the complaint as show that defendant has forfeited his term by non ...
34 페이지
... defendant could not have supposed that plaintiff acquiesced in a new term , because negotiations were always pending ... defendant for one year ensuing the first of October , 1860 , at the yearly rent of two dollars per acre ; that on or ...
... defendant could not have supposed that plaintiff acquiesced in a new term , because negotiations were always pending ... defendant for one year ensuing the first of October , 1860 , at the yearly rent of two dollars per acre ; that on or ...
36 페이지
... defendant avers that said plaintiff agreed to and with said de- fendant , on or about the first day of December , 1861 , that he , said defendant , should and might have the possession of said premises for one year ending October 1 ...
... defendant avers that said plaintiff agreed to and with said de- fendant , on or about the first day of December , 1861 , that he , said defendant , should and might have the possession of said premises for one year ending October 1 ...
41 페이지
... defendant , the party in possession , was necessarily bound to pay the taxes , and hence that he could not by any evidence remove that obligation . It is true that in this case the land was not actually listed to the defendant , as it ...
... defendant , the party in possession , was necessarily bound to pay the taxes , and hence that he could not by any evidence remove that obligation . It is true that in this case the land was not actually listed to the defendant , as it ...
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adverse possession alleged amount appeal assessment assigned authority averment Board of Supervisors bond cause of action Central Pacific Railroad Cited City and County claim common law complaint Congress Constitution contract conveyance conveyed counsel Court of equity covenant creditors damages debts decree deed defendant demand demurrer denied District Court effect El Dorado County entitled equity error evidence execution facts filed forfeiture grant grantor ground held holding intention issue Judge judgment jury Justice land lease legal tender Legislature liable lien liquidated damages ment mortgage motion Napa County objection opinion owner parties patent payment plaintiff possession Practice Act premises purchase question Rancho record recover rent respondent rule Sacramento County San Francisco Sheriff Solano County specific statute suit Supreme Court sureties taxes tenant term testimony thereof tion tract trial Trinity County Vallejo verdict writ
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607 페이지 - By the twenty-filth section of the judiciary act of seventeen hundred and eighty-nine, it is provided, "that a final judgment or decree in any suit in the highest court of law or equity of a state, in which a decision in the suit could be had...
633 페이지 - States, and the decision is in favor of such their validity ; or where is drawn in question the construction of any clause of the Constitution, or of a treaty or statute of, or commission held under the United States, and the decision is against the title, right, privilege, or exemption. specially set up or claimed by either party under such clause of the said Constitution, treaty, statute, or commission...
245 페이지 - The powers of the Government of the State of California shall be divided into three separate departments — the legislative, executive, and judicial ; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any functions appertaining to either of the others, except as in this Constitution expressly directed or permitted.
432 페이지 - Although, among the enumerated powers of government, we do not find the word " bank," or " incorporation," we find the great powers to lay and collect taxes; to borrow money; to regulate commerce; to declare and conduct a war; and to raise and support armies and navies. The sword and the purse, all the external relations, and no inconsiderable portion of the industry of the nation, are intrusted to its government.
416 페이지 - ... ascertain the sums and expenses necessary for the defence and welfare of the United States, or any of them, nor emit bills, nor borrow money on the credit of the United States, nor appropriate money, nor agree upon the number of vessels of war to be built or purchased, or the number of land or sea forces to be raised, nor appoint a Commander-in-chief of the army or navy, unless nine States assent to the same...
421 페이지 - We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended. But we think the sound construction of the constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it in the manner most beneficial to the people.
201 페이지 - ... unless the same be accompanied by an immediate delivery, and be followed by an actual and continued change of possession...
29 페이지 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
176 페이지 - On this.... day of July, AD, 1917, personally appeared before me, a Notary Public, in and for the County of State of Texas, John Jones, known to me to be the person described in and who executed the foregoing instrument and who acknowledged to me that he executed the same freely and voluntarily and for the uses and purposes therein mentioned.
417 페이지 - The Congress shall have Power 1 To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States...