Reports of Cases Determined in the Supreme Court of the State of California, 15권Bancroft-Whitney, 1906 |
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17 페이지
... decision that the payment of money to the agent after the death of the principal is good . But however strong the reasoning of that case may tend in this direction , it is proper to remark that it was not necessary there so to hold ...
... decision that the payment of money to the agent after the death of the principal is good . But however strong the reasoning of that case may tend in this direction , it is proper to remark that it was not necessary there so to hold ...
43 페이지
... decision on that ground . We think that a party cannot appeal from an order overruling a motion for a new trial , when he fails to prosecute his motion before the District Court ; especially when the Judge did not try the case , but ...
... decision on that ground . We think that a party cannot appeal from an order overruling a motion for a new trial , when he fails to prosecute his motion before the District Court ; especially when the Judge did not try the case , but ...
44 페이지
... decision . We think there is nothing in the points not noticed the objections to the com- plaint , etc. But it is unnecessary to notice these objections , for a de- cision upon them would settle no new principle . - HAWLEY & CO . v ...
... decision . We think there is nothing in the points not noticed the objections to the com- plaint , etc. But it is unnecessary to notice these objections , for a de- cision upon them would settle no new principle . - HAWLEY & CO . v ...
75 페이지
... decision of the Supreme Court in a given case , whether erroneous or not , be- comes the law of the case , and cannot be reviewed when the case comes up on a second appeal , the facts being the same . In theory , issue is joined , in ...
... decision of the Supreme Court in a given case , whether erroneous or not , be- comes the law of the case , and cannot be reviewed when the case comes up on a second appeal , the facts being the same . In theory , issue is joined , in ...
77 페이지
... decision of this Court is not the law of the case . No such rule obtains in this State . The opinion is no part of the judgment , and when a judgment of the lower Court is reversed and a new trial ordered , the entire effect of such ...
... decision of this Court is not the law of the case . No such rule obtains in this State . The opinion is no part of the judgment , and when a judgment of the lower Court is reversed and a new trial ordered , the entire effect of such ...
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action affirmed agent alleged answer appeal assignment attorney authority averment BALDWIN bill Blankman bond Burnett California cattle cited claim common law complaint concurring contract conveyance Court of Equity Court of Sessions damages debt decision decree deed Deer Creek defendants delivered the opinion demurrer denied District dollars ejectment election entitled equity error evidence execution fact filed Gold Flat ditch Government grant Greenl ground Harris held holding hundred injunction interest issue judgment jurisdiction jury Laird land lease liability lien mandamus ment mining mortgage motion Norris notice objection owner parties payment person plaintiff portion possession premises Probate Court proceedings proof pueblo purchase purpose quartz question recover refused Respondent rule San Francisco Sheriff Sierra county Smith sold stare decisis statute stream sufficient suit Supreme Court tion tract trial valid vendee vendor verdict Wend wife
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407 페이지 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the court says he has no right to be assisted. It is upon that ground the court goes; not for the sake of defendant, but because they will not lend their aid to such a plaintiff.
323 페이지 - All property, both real and personal, of the wife, owned or claimed by her before marriage, and that acquired afterwards by gift, devise, or descent, shall be her separate property; and laws shall be passed more clearly defining the rights of the wife, in relation as well to her separate property, as to that held in common with her husband.
325 페이지 - ... that during the possession of such property by the appellant, he will not commit or suffer to be committed any waste thereon...
406 페이지 - The principle of public policy is this; ex dolo malo non oritur actio. No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
120 페이지 - No person holding any lucrative office under the United States, or any other power, shall be eligible to any civil office of profit, under this State...
229 페이지 - Sound mind and memory, do make, publish and declare, this my last will and testament, in manner following, that is to say...
62 페이지 - ... shall be elected at the same time and places and in the same manner as the governor and lieutenant-governor.
622 페이지 - When a rule has once been deliberately adopted and declared, it ought not to be disturbed unless by a court of appeal or review, and never by the same court, except for very urgent reasons, and upon a clear manifestation of error ; and if the practice were otherwise, it would be leaving us in a perplexing uncertainty as to the law.
74 페이지 - Rep. 250, it was said, that to be a part of the res gestce, the declarations " must have been made at the time of the act done, which they are supposed to characterize, and have been well calculated to unfold the nature and quality of the facts they were intended to explain, and so to harmonize with them as obviously to constitute one transaction.
615 페이지 - SECTION 21. And be it further enacted, That, in order to avoid misconstruction, it is hereby declared to be the true intent and meaning of this act, so far as the question of slavery is concerned, to carry into practical operation the following propositions and principles, established by the compromise measures of 1850, to wit: