Reports of Cases Determined in the Supreme Court of the State of California, Band 39Bancroft-Whitney, 1873 |
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adverse possession alleged answer Argument for Appellant Argument for Respondent assessment attorney authority averred Bezer bill cause of action charge City and County claim common law complaint concurring constitute contract conveyance counsel County Court County of San Court of equity Court-Crockett Court-Rhodes Court-Sprague Court-Temple Court-Wallace creditors CROCKETT damages debt deceased decree deed defendant defendant's delivered the opinion demurrer District Court duty election entitled establish evidence execution fact filed First-The Governor grant ground held IDEM inclosure indictment intended interest issue judgment jurisdiction jury Kern County land Legislature lien March 28 ment mortgage motion objection offense owner party person plaintiff pleadings Practice Act premises Probate proceedings purchase question reason record rendered rule Sacramento County San Francisco Second-The Section SPRAGUE statute Statute of Limitations sufficient testimony tion tract trial Tuolumne County verdict warrant Wetzlar witness writ XXXIX
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Seite 540 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Seite 270 - Whenever it shall appear that the occupant, or those under whom he claims, entered into the possession of premises, under claim of title, exclusive of any other right, founding such claim upon a written instrument, as being a conveyance of the premises in question, or upon the decree or judgment of a competent court, and that there has been a continued occupation and possession of the premises included in such instrument, decree, or judgment, or of some part of such premises, under such claim, for...
Seite 566 - ... to await the determination of the court in bankruptcy on the question of the discharge, provided there be no unreasonable delay on the part of the bankrupt. in endeavoring to obtain his discharge...
Seite 200 - Every bill which may have passed the legislature shall, before it becomes a law, be presented to the governor. If he approve it he shall sign it, but if not, he shall return it, with his objections, to the house in which it originated, which shall enter the same upon the journal, and proceed to reconsider it.
Seite 211 - The writ of mandamus may be denominated the writ of mandate.— 1873-345. 1085. It may be issued by any court, except a justice's or police court, to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station...
Seite 617 - A conviction cannot be had upon the testimony of an accomplice unless it be corroborated by such other evidence as shall tend to connect the defendant with the commission of the offense ; and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof.
Seite 477 - Act. This, like many other cases, is a bargain between a company of adventurers and the public, the terms of which are expressed in the statute ; and the rule of construction, in all such cases, is now fully established to be this ; that any ambiguity in the terms of the contract must operate against the adventurers, and in favor of the public, and the plaintiffs can claim nothing that is not clearly given them by the Act.
Seite 392 - A cause of action arising out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action; 2.
Seite 33 - When the notice designates, as the ground upon which the motion will be made, the insufficiency of the evidence to justify the verdict, or other decision, the statement shall specify the particulars in which such evidence is alleged to be insufficient. When the notice designates as the ground of the motion, errors in law occurring at the trial, and excepted to by the moving party, the statement shall specify the particular errors upon which the party will rely. If no such...
Seite 212 - It is not by the office of the person to whom the writ is directed, but the nature of the thing to be done, that the propriety or impropriety of issuing a mandamus is to be determined.