Reports of Cases Determined in the Supreme Court of the State of California, Τόμος 101Bancroft-Whitney, 1906 |
Άλλες εκδόσεις - Προβολή όλων
Συχνά εμφανιζόμενοι όροι και φράσεις
adverse possession affidavit affirmed alleged answer appellant assessment assignment attorney authority averred Bank bond California California Central Railway canal cause of action cited Civil Procedure claim Code Civ Code of Civil commencement complaint concurred contract corporation county of San court of equity damages decree deed defendant demurrer ditch diversion dollars Duff entitled estoppel evidence execution facts fendant filed findings foreclosure Fresno County GAROUTTE granted indorsed injunction insolvent interest issue judgment and order jurisdiction jury land letters testamentary liable Los Angeles County Lumber MCFARLAND ment mortgage motion notice opinion order denying owner paid parties payment person petition petitioner plaintiff pleadings possession prior proceedings purchase question quiet title reason recover remittitur Respondent rule Sanborn statute stockholders street sufficient Superior Court sureties thereof tion trial trustees writ
Δημοφιλή αποσπάσματα
Σελίδα 298 - One who sells the good will of a business may agree with the buyer to refrain from carrying on a similar business within a specified county, city, or a part thereof, so long as the buyer, or any person deriving title to the good will from him, carries on a like business therein.
Σελίδα 162 - Court shall have original jurisdiction in all cases in equity, and in all cases at law which involve the title or possession of real property, or the legality of any tax, impost, assessment, toll, or municipal fine, and in all other cases in which the demand, exclusive of interest or the value of the property in controversy, amounts to three hundred dollars...
Σελίδα 528 - If the thing wanted. or failed to be done, and which constitutes the defect in the proceedings, is something the necessity for which the legislature might have dispensed with by prior statute, then It is not beyond the power of the legislature to dispense with it by subsequent statute; and if the irregularity consists in doing some act, or in the...
Σελίδα vi - Court when so convened. The concurrence of four Justices present at the argument shall be necessary to pronounce a judgment in bank; but if four Justices, so present, do not concur in a judgment, then all the Justices qualified to sit in the cause shall hear the argument; but to render a judgment a concurrence of four Judges shall be necessary. In the determination of causes, all decisions of the Court, in bank or in departments, shall be given in writing and the grounds of the decision shall be...
Σελίδα 89 - Except as otherwise provided in the next section every person transacting business in this state under a fictitious name and every partnership transacting business in this state under a fictitious name, or a designation not showing the names of the persons interested as partners in such business...
Σελίδα 405 - Where one of two innocent persons must suffer by the act of a third, he, by whose negligence it happened, must be the sufferer.
Σελίδα 603 - the rule for jurisdiction is that nothing shall be intended to be out of the jurisdiction of a superior court but that which specially appears to be so, and, on the contrary, nothing shall be intended to be within the jurisdiction of an inferior court but that which is so expressly alleged;" and this rule has been so frequently repeated as to have become a maxim in the law.
Σελίδα 289 - 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.
Σελίδα 470 - A forfeiture cannot be established except upon clear and convincing proof of the failure of the former owner to have work performed or improvements made to the amount required by law.
Σελίδα 358 - States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations,1 and of all veins, lodes, and ledges throughout their entire depth, the top or apex of which lies inside of such surface lines extended downward vertically...