Reports of Cases Determined in the Supreme Court of the State of California, Band 63Bancroft-Whitney, 1884 |
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action was brought adverse possession affidavit agreement alleged amended appeal Appellant assessment attorney averment California Southern Railroad capital stock cause remanded Central Pacific Railroad city and county Civil Procedure claim Code Civ Code of Civil commencement complaint concurred Constitution contract corporation county of San creditors deceased decree deed defendant demand demurrer denied entitled evidence executed executor facts filed finding granted guardian ad litem held husband injunction insolvent issued John Parrott Judgment and order jurisdiction jury land lease lien MCKEE MCKINSTRY ment mortgage motion MYRICK notice opinion order affirmed order refusing owner paid parties patent payment person petition petitioner plaintiff premises Probate proceedings promissory note purchase question Railroad recover rendered replevin Respondent San Francisco SHARPSTEIN Statute of Limitations sufficient Superior Court sustained taxes tenant thereof thousand dollars tion trial unlawful detainer void wife Zellerbach
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Seite 568 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a Court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another Court...
Seite 469 - The franchise, roadway, roadbed, rails, and rolling stock of all railroads operated in more than one county...
Seite 363 - To make by-laws, not inconsistent with any existing law, for the management of its property, the regulation of its affairs, and for the transfer of its stock; 7.
Seite 570 - It is undoubtedly settled law that a judgment of a court of competent jurisdiction, upon a question directly involved in one suit, is conclusive as to that question in another suit between the same parties.
Seite 560 - In the view we take of this case it is not necessary to decide whether the title of the infants was adverse to that of the surviving husband.
Seite 11 - Provided, however, that in no case shall adverse possession be considered established under the provision of any section or sections of this code, unless it shall be shown that the land has been occupied and claimed for the period of five years continuously, and the party or persons, their predecessors and grantors, have paid all the taxes, State, county, or municipal, which have been levied and assessed upon such land.
Seite 364 - ... and may be transferred by indorsement by the signature of the proprietor, or his attorney or legal representative, and delivery of the certificate ; but such transfer is not valid, except between the parties thereto, until the same is so entered upon the books of the corporation, as to show the names of the parties by, and to whom transferred, the number or designation of the shares, and the date of the transfer.* (Section 324, Civil Code.) 33.
Seite 624 - Engineers, a professional society duly organized and existing under the laws of the State of New York, and having its principal place of business in the city of New York...
Seite 507 - When jurisdiction is, by the constitution or this code, or by any other statute, conferred on a court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this code.— Code amend.— 1880:43.
Seite 77 - If the decree be rendered on the ground of adultery or extreme cruelty, the community property shall be assigned to the respective parties in such proportions as the court, from all the facts of the case, and the condition of the parties may deem just.