Reports of Cases Determined in the Supreme Court of the State of California, Τόμος 94Bancroft-Whitney, 1906 |
Άλλες εκδόσεις - Προβολή όλων
Συχνά εμφανιζόμενοι όροι και φράσεις
adverse possession affirmed agreement alleged amended amount appellant assignment attorney authority Bank bill of exceptions cause of action charge cited Civil Procedure claim Code of Civil common carrier complaint concurred constitution contract corporation county of San court of equity creditors damages deceased declared decree deed defendant defendant's deficiency judgment demurrer deputies duty effect error evidence executed facts fendant filed finding fraud GAROUTTE grant grantor homestead hundred dollars indorser instruction intent judge judgment and order jury land liability lien logs Lumber March 26 Marin County ment mortgage motion notice order denying owner paid parties payment person plaintiff pleadings possession prosecution purchase purpose question quiet title reason recover refusing Respondent rule San Joaquin County slough statute Superior Court testator testimony thereof thousand dollars tion tract trust verdict void wife witness writ
Δημοφιλή αποσπάσματα
Σελίδα 490 - Private property shall not be taken or damaged for public use without just compensation having been first made to or paid into court for the owner...
Σελίδα 28 - A Judge of any Superior Court may hold a Superior Court in any county, at the request of a Judge of the Superior Court thereof, and upon the request of the Governor it shall be his duty so to do.
Σελίδα 395 - State; provided, that all actions for the recovery of the possession of, quieting the title to, or for the enforcement of liens upon real estate, shall be commenced in the county in which the real estate, or any part thereof affected by such action or actions, is situated.
Σελίδα 43 - ... upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect...
Σελίδα 57 - Mistake of fact is a mistake, not caused by the neglect of a legal duty on the part of the person making the mistake, and consisting in: 1. An unconscious ignorance or forgetfulness of a fact past or present, material to the contract; or, 2. Belief in the present existence of a thing material to the contract, which does not exist, or in the past existence of such a thing, which has not existed.
Σελίδα vi - 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 stated. The Chief Justice may sit in either department, and shall preside when so sitting, but the Justices assigned to 'each department shall select...
Σελίδα 521 - ... not accompanied by an immediate delivery, and followed by an actual and continued change of possession of the things transferred, to be fraudulent, and therefore void, against those who are his creditors while he remains in possession, and the successors in interest of such creditors, and against any persons on whom his estate devolves in trust for the benefit of others than himself, and against purchasers or encumbrancers in good faith subsequent to the transfer...
Σελίδα 43 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
Σελίδα 72 - States or given aid and comfort to its enemies, and that such application is made for his or her exclusive use and benefit, and that said entry is made for the purpose of actual settlement and cultivation, and not either directly or indirectly for the use or benefit of any other person...
Σελίδα 309 - Rape is an act of sexual intercourse, accomplished with a female not the wife of the perpetrator, under either of the following circumstances: "1.