Reports of Cases Determined in the Supreme Court of the State of California, Τόμος 9Bancroft-Whitney, 1858 |
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Σελίδα 10
... rule is laid down in numerous modern cases , and particu- larly and fully in a case in 14 or 15 Howard . The English rule will be found in 2 Stra . , 949. That the Court will exercise a discretion when the facts or right is doubtful ...
... rule is laid down in numerous modern cases , and particu- larly and fully in a case in 14 or 15 Howard . The English rule will be found in 2 Stra . , 949. That the Court will exercise a discretion when the facts or right is doubtful ...
Σελίδα 12
... rule estab lished by the authorities . Fowler v . Price , 2 Cal . , 165 ; People v . Bell , 4 Cal . , 177 ; People v . Olds , 3 Cal . , 167 . It is not the proper remedy , when an inferior Court refuses to enter a judgment for costs ...
... rule estab lished by the authorities . Fowler v . Price , 2 Cal . , 165 ; People v . Bell , 4 Cal . , 177 ; People v . Olds , 3 Cal . , 167 . It is not the proper remedy , when an inferior Court refuses to enter a judgment for costs ...
Σελίδα 31
... rule of the com- mon law , requiring a statement of the acts constituting the of fence charged to be set out in the ... rule is , that all the facts and circumstances contained in the definition of the offence , whether by a rule of the ...
... rule of the com- mon law , requiring a statement of the acts constituting the of fence charged to be set out in the ... rule is , that all the facts and circumstances contained in the definition of the offence , whether by a rule of the ...
Σελίδα 90
... rules of evidence in regard to the proof of the sub- stantive fact of payment . That fact may be proved by any evi- dence ... rule of evidence , requiring certain facts to be proved in a certain way , and excludes all other evi- dence of ...
... rules of evidence in regard to the proof of the sub- stantive fact of payment . That fact may be proved by any evi- dence ... rule of evidence , requiring certain facts to be proved in a certain way , and excludes all other evi- dence of ...
Σελίδα 91
... rule , that to take a case out of the opera- tion of the statute , there must have been either an express prom- ise to pay , or an admission of the debt in terms so distinct as that a promise might reasonably be inferred therefrom . If ...
... rule , that to take a case out of the opera- tion of the statute , there must have been either an express prom- ise to pay , or an admission of the debt in terms so distinct as that a promise might reasonably be inferred therefrom . If ...
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Συχνά εμφανιζόμενοι όροι και φράσεις
action administrator admitted affirmed alleged allowed amount answer appeal applied assigned attachment authority bill brought cause charged claim common Company complaint Constitution contract counsel County debt decided decision decree deed defendant delivered denied District Court effect entered entitled equity error evidence execution exist express facts filed follows give given grant ground held hundred intended interest issued John Judge judgment judicial jurisdiction jury Justice land Legislature lien matter ment mortgage motion necessary notice objection opinion owner paid partnership party passed payment person plaintiff possession Practice premises present principle proceedings proper prove provision purchaser question reason received record recover reference refused rendered Respondent rule says sheriff sold statement statute sufficient suit taken tion trial true trust wife witness
Δημοφιλή αποσπάσματα
Σελίδα 170 - There shall be neither slavery nor involuntary servitude in the said territory otherwise than in the punishment of crimes, whereof the party shall have been duly convicted; Provided, always, That any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid.
Σελίδα 721 - American people are one; and the government which is alone capable of controlling and managing their interests, in all these respects, is the government of the Union. It is their government, and in that character they have no other. America has chosen to be, in many respects, and to many purposes, a nation; and for all these purposes her government is complete; to all these objects, it is competent.
Σελίδα 266 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Σελίδα 423 - The cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
Σελίδα 400 - For the recovery of real property, or of an estate or interest therein, or for the determination, in any form, of such right or interest, and for injuries to real property; "2.
Σελίδα 567 - And the space of time here referred to as comprehending the sickly season, shall be understood to extend from the first day of May to the first day of November.
Σελίδα 166 - ... happiness and prosperity of its people, and to provide for its general welfare, by any and every act of legislation, which it may deem to be conducive to these ends; where the power over the particular subject, or the manner of its exercise is not surrendered or restrained, in the manner just stated, That all those powers which relate to merely municipal legislation, or what may perhaps, more properly be called internal police, are not thus surrendered or restrained; and that, consequently, in...
Σελίδα 504 - That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences...
Σελίδα 579 - All murder which is perpetrated by means of poison, or lying in wait, torture, or by any other kind of willful, deliberate, and premeditated killing, or which is committed in the perpetration or attempt to perpetrate arson, rape, robbery, burglary, or mayhem, is murder of the first degree; and all other kinds of murders are of the second degree.
Σελίδα 158 - It is needless to enumerate Here the instances in which, by the general practice of civilized countries, the laws of the one will, by the comity of nations, be recognized and executed in another, where the rights of individuals are concerned.