Reports of Cases Determined in the Supreme Court of the State of California, 21권Bancroft-Whitney, 1887 |
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87개의 결과 중 1 - 5개
34 페이지
... proceedings in the District Courts . In the case of mortgages it must often happen - where there are subsequent incumbrancers , or the property has gone through numerous transfers - that complete justice can only be done to the ...
... proceedings in the District Courts . In the case of mortgages it must often happen - where there are subsequent incumbrancers , or the property has gone through numerous transfers - that complete justice can only be done to the ...
39 페이지
... proceedings attach to him ( the Alcalde ) as to other officers . " This point has been so often and thoroughly discussed by this Court that I need only refer to Hart v . Burnett , 39 Oct. 1862. ] 39 WHITE v . MOSES .
... proceedings attach to him ( the Alcalde ) as to other officers . " This point has been so often and thoroughly discussed by this Court that I need only refer to Hart v . Burnett , 39 Oct. 1862. ] 39 WHITE v . MOSES .
41 페이지
... proceedings attach to him as to other officers . " " Our con- clusion is , that upon two distinct and independent grounds , the validity of these Alcalde grants may be safely rested : 1st , upon the title of the pueblo and the presumed ...
... proceedings attach to him as to other officers . " " Our con- clusion is , that upon two distinct and independent grounds , the validity of these Alcalde grants may be safely rested : 1st , upon the title of the pueblo and the presumed ...
53 페이지
... proceedings by which he acquired the title . Defendant in his answer sets up his lease , and denies plaintiff's title , claiming that the mortgage was void , and that the Court had no jurisdiction of the persons of the defendants in the ...
... proceedings by which he acquired the title . Defendant in his answer sets up his lease , and denies plaintiff's title , claiming that the mortgage was void , and that the Court had no jurisdiction of the persons of the defendants in the ...
55 페이지
... proceedings , to which the defendant objected , on the ground that it appeared that no summons had been issued in the case , and no evidence was given of an authority to the attorney who put in an answer for the defendants . The ...
... proceedings , to which the defendant objected , on the ground that it appeared that no summons had been issued in the case , and no evidence was given of an authority to the attorney who put in an answer for the defendants . 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.