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
21 페이지
... rule laid down . When it said that rights resting in possession might be sold by a transfer of that possession , and that the transfer of that possession would be evidence of a sale , and equally efficacious as a conveyance , it surely ...
... rule laid down . When it said that rights resting in possession might be sold by a transfer of that possession , and that the transfer of that possession would be evidence of a sale , and equally efficacious as a conveyance , it surely ...
51 페이지
... rule of the com- * mon law was affirmed at an early date in this State . v . Kramer , 2 Cal . 582. ) ( Baldwin Mr. Chief Justice Murray , in delivering the opinion of the Court in Carpentier v . Hart , 5 Cal . 406 , said : " We have ...
... rule of the com- * mon law was affirmed at an early date in this State . v . Kramer , 2 Cal . 582. ) ( Baldwin Mr. Chief Justice Murray , in delivering the opinion of the Court in Carpentier v . Hart , 5 Cal . 406 , said : " We have ...
52 페이지
... rule will not in any manner derogate from the power of Court to make an order nunc pro tunc , or to correct a mere clerical error in an order or proceed- ing , where a fit case for the exercise of such authority arises . It is a general ...
... rule will not in any manner derogate from the power of Court to make an order nunc pro tunc , or to correct a mere clerical error in an order or proceed- ing , where a fit case for the exercise of such authority arises . It is a general ...
53 페이지
... rules of practice . It was found necessary to pass the statute ( of 14 Edw . III , Stat . 1 , C. 6 , ) to avoid the ... rule , an order nunc pro tunc , granting time for that purpose , could not be legally made at a subsequent term ...
... rules of practice . It was found necessary to pass the statute ( of 14 Edw . III , Stat . 1 , C. 6 , ) to avoid the ... rule , an order nunc pro tunc , granting time for that purpose , could not be legally made at a subsequent term ...
62 페이지
... rule that , where a term is created , the possession given to the occupant , and the produce agreed to be paid is to be paid as rent ; then the instrument is regarded as a lease . ( Taylor , Land . and Ten . sec . 24. ) It is also a ...
... rule that , where a term is created , the possession given to the occupant , and the produce agreed to be paid is to be paid as rent ; then the instrument is regarded as a lease . ( Taylor , Land . and Ten . sec . 24. ) It is also a ...
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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...