Reports of Cases Determined in the Supreme Court of the State of California, Τόμος 25Bancroft-Whitney, 1865 |
Άλλες εκδόσεις - Προβολή όλων
Συχνά εμφανιζόμενοι όροι και φράσεις
adverse possession alleged amount appeal assessment assigned attorney authority averment Board of Supervisors bond cause of action Central Pacific Railroad City and County claim common law complaint Congress Constitution contract conveyance conveyed counsel County of San Court of equity covenant damages debts decree deed defendant demand demurrer denied District Court Edson Adams entitled equity error estoppel evidence execution facts filed forfeiture grant grantor ground held intended issue Judge judgment jury Justice land lease legal tender Legislature lien ment mortgage motion Napa County objection opinion owner parties payment plaintiff possession Practice Act premises proceedings purchase question Rancho record recover rendered respondent rule Sacramento County Sheriff Solano County specific statement statute Statute of Limitations suit Supreme Court sureties taxes tenant term testimony thereof tion tract trial Trinity County Tuolumne County Vallejo verdict writ
Δημοφιλή αποσπάσματα
Σελίδα 607 - A final judgment or decree in any suit in the highest Court of law or equity of a State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States...
Σελίδα 633 - States, and the decision is in favor of such their validity ; or where is drawn in question the construction of any clause of the Constitution, or of a treaty or statute of, or commission held under the United States, and the decision is against the title, right, privilege, or exemption. specially set up or claimed by either party under such clause of the said Constitution, treaty, statute, or commission...
Σελίδα 245 - The powers of the Government of the State of California shall be divided into three separate departments — the legislative, executive, and judicial ; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any functions appertaining to either of the others, except as in this Constitution expressly directed or permitted.
Σελίδα 421 - We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended. But we think the sound construction of the Constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people. Let the end be legitimate, let it be within the scope of the...
Σελίδα 436 - That every such action shall be brought by and in the names of the personal representatives of such deceased person, and the amount recovered in every such action shall be for the exclusive benefit of the widow and next of kin of such deceased person...
Σελίδα 416 - ... ascertain the sums and expenses necessary for the defence and welfare of the United States, or any of them, nor emit bills, nor borrow money on the credit of the United States, nor appropriate money, nor agree upon the number of vessels of war to be built or purchased, or the number of land or sea forces to be raised, nor appoint a Commander-in-chief of the army or navy, unless nine States assent to the same...
Σελίδα 432 - Although, among the enumerated powers of government, we do not find the word " bank," or " incorporation," we find the great powers to lay and collect taxes; to borrow money; to regulate commerce; to declare and conduct a war; and to raise and support armies and navies. The sword and the purse, all the external relations, and no inconsiderable portion of the industry of the nation, are intrusted to its government.
Σελίδα 201 - ... unless the same be accompanied by an immediate delivery, and be followed by an actual and continued change of possession...
Σελίδα 29 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Σελίδα 167 - The judgment in the ejectment is rendered on a general verdict, and the title of the plain254*] tiff is not made a part of the "record by a bill of exceptions, or in any other manner.