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administrator affirmed aforesaid agreement alleged amount answer assignment authority aver Bagley bill bond cause of action cited claim common law complaint concurring constitute contract conveyance counsel Court of Equity Court—Terry Covillaud creditors damages debt debtor deceased decision decree deed delivered the opinion demurrer District Court ditch dollars dying declarations entitled error evidence execution facts fendant filed fraud grant ground held homestead indictment insolvent instrument intention interest issue judgment Judicial District jurisdiction jury land levy lien McMickle ment Mesick misjoinder mortgage objection parties payment person plaintiff pleaded possession premises Probate Court promissory note proof purchase question record recover refused remedy replevin Respondent rule Sacramento San Francisco sheriff Sinton sold statute Statute of Frauds sufficient suit surety Sutter testimony thereof tion trial Tuolumne County verdict void witness Wood's Digest
Seite 215 - The writ of mandamus may be denominated the writ of mandate. § 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 42 - When any office shall, from any cause become vacant, and no mode is provided by the Constitution and laws for filling such vacancy, the Governor shall have power to fill such vacancy by granting a commission which shall expire at the end of the next session of the Legislature, or at the next election by the people.
Seite 308 - Whatever belongs merely to the remedy may be altered according to the will of the State, provided the alteration does not impair the obligation of the contract. But if that effect is produced, it is immaterial whether it is done by acting on the remedy or directly on the contract itself. In either case it is prohibited by the constitution.
Seite 556 - When any of the matters enumerated in section forty do not appear upon the face of the complaint, the objection may be taken by answer. SEC. 45. If no such objection be taken, either by demurrer or answer, the defendant shall be deemed to have waived the same, excepting only the objection to the jurisdiction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action.
Seite 653 - Every law enacted by the Legislature shall embrace but one object, and that shall be expressed in the title...
Seite 231 - And it is agreed that if any rent shall be due and unpaid, or if default shall be made in any of the covenants herein contained, then it shall be lawfu-l for the said party of the first part to re-enter the said premises, and to remove all persons therefrom.
Seite 310 - ... shall be deemed murder of the first degree ; and all other kinds of murder shall be deemed murder of the second degree; and the jury before whom any person indicted for murder shall be tried, shall, if they find such person guilty thereof, designate by their verdict, whether it be murder of the first or second degree...
Seite 98 - ... giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes, as I might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that my said attorney or his substitute shall lawfully do or cause to be done by virtue hereof.
Seite 96 - ... whatsoever of the said party of the first part either in law or equity of in and to the above bargained premises with the hereditaments and appurtenances.