Reports of Cases Determined in the Supreme Court of the State of California, 21권Bancroft-Whitney, 1887 |
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2 페이지
... District Court of the United States , in and for the Northern District of the State of California . ENTERED , according to Act of Congress , in the year of our Lord , 1873 , by SUMNER WHITNEY AND A. L. BANCROFT & CO . , In the Office of ...
... District Court of the United States , in and for the Northern District of the State of California . ENTERED , according to Act of Congress , in the year of our Lord , 1873 , by SUMNER WHITNEY AND A. L. BANCROFT & CO . , In the Office of ...
11 페이지
... , 18 Cal . 333 ; Mtchell v . Hockett , 25 Cal . 542 . Cited as authority in McComb v . Reed , 28 Cal . 284 ; McKenzie v . Dickenson , April T. 1868 , ( not reported . ) [ 12 ] * APPEAL from the Twelfth Judicial District 11.
... , 18 Cal . 333 ; Mtchell v . Hockett , 25 Cal . 542 . Cited as authority in McComb v . Reed , 28 Cal . 284 ; McKenzie v . Dickenson , April T. 1868 , ( not reported . ) [ 12 ] * APPEAL from the Twelfth Judicial District 11.
24 페이지
... District Court against an executor or administrator , to foreclose a mortgage upon real estate executed by his testator or intestate , al- though the debt secured by the mortgage has been presented as a claim to the Affirmed as to ...
... District Court against an executor or administrator , to foreclose a mortgage upon real estate executed by his testator or intestate , al- though the debt secured by the mortgage has been presented as a claim to the Affirmed as to ...
25 페이지
... District Courts , nor to sales in pursuance of testamentary authority . 316 CLAIMS " DEFINED . - The term " claims , " as used in the act , does not embrace mortgage liens , but has reference only to such debts or demands against the de ...
... District Courts , nor to sales in pursuance of testamentary authority . 316 CLAIMS " DEFINED . - The term " claims , " as used in the act , does not embrace mortgage liens , but has reference only to such debts or demands against the de ...
30 페이지
... District Court of jurisdiction to enter- tain the action for the foreclosure of the mortgage , and place the debt to the plaintiff allowed by the executors and Probate Judge among the simple money demands against the estate of the ...
... District Court of jurisdiction to enter- tain the action for the foreclosure of the mortgage , and place the debt to the plaintiff allowed by the executors and Probate Judge among the simple money demands against the estate of the ...
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action of ejectment affirmed agreement Alcalde alleged answer appeal applied assignment avers Burlingame cause of action Cited as authority City of San claim commenced common law complaint concurring contract conveyance corporation Court of Equity Court of Sessions Court-FIELD Covillaud creditors debt decision decree deed defendant delivered the opinion demurrer denied District Court dollars effect enforce entitled equity estopped estoppel evidence executed executor fact favor foreclosure fraud grant grantor held interest issued judgment Judicial District jury land Legislature liability lien mandamus Manuel Nieto ment mortgage Nieto NORTON objection paid parties payment person petition plaintiff pleadings portion possession Practice Act premises proceedings promissory note proof purchase money question rancho record recover replevin Respondent Rico rule San Francisco Sheriff Sheriff's deed statute subsequent sufficient suit survey tenant therein tion tract trial writ writ of assistance
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722 페이지 - Each of the Justices shall have power to issue writs of habeas corpus to any part of the State, upon petition by or on behalf of any person held in actual custody, and may make such writs returnable before himself, or the Supreme Court, or before any Superior Court in the State, or before any Judge thereof.
98 페이지 - No estate or interest in lands, other than leases for a term not exceeding one year, nor any trust or power over or concerning lands, or in any manner relating thereto, shall hereafter be created, granted, assigned, surrendered, or declared, unless by act or operation of law, or by deed, or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering, or declaring the same, or by his lawful agent thereunto authorized by writing.
331 페이지 - It is undoubtedly true, as a general rule, that the claimant in ejectment must recover upon the strength of his own title, and not upon the weakness of his adversary's...
32 페이지 - Every claim which is due, when presented to the executor or administrator, must be supported by the affidavit of the claimant, or some one in his behalf, that the amount is justly due, that no payments have been made thereon which are not credited, and that there are no offsets to the same, to the knowledge of the affiant.
721 페이지 - SECTION 1. The judicial power of this State shall be vested in a Supreme Court, in District Courts, in County Courts, and in Justices of the Peace.
370 페이지 - If the city obtain money of another by mistake, or without authority of law, it is her duty to refund it— not from any contract entered into by her on the subject, but from the general obligation to do justice which binds all persons, whether natural or artificial.
721 페이지 - Justices shall be necessary to transact any business in either of the departments, except such as may be done at chambers, and the concurrence of three Justices shall be necessary to pronounce a judgment.
32 페이지 - Whatever signification then may be attached to the term "claims," standing by itself, it is evident that in the Probate Act it only has reference to such debts or demands against the decedent as might have been enforced against him in his lifetime by personal actions for the recovery of money, and upon which only a money judgment could have been rendered.
486 페이지 - There is no doubt but that the express admissions of a party to the suit, or admissions implied from his conduct, are evidence— and strong evidence — against him ; but we think that he is at liberty to prove that such admissions were mistaken or were untrue, and that he is not estopped or concluded by them, unless another person has been induced by them to alter his condition : in such a case the party is estopped from disputing their (r) 9 B.
724 페이지 - Judges shall not charge juries with respect to matters of fact, but may state the testimony and declare the law.