Reports of Cases Determined in the Supreme Court of the State of California, 21권

Bancroft-Whitney, 1887

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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.

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