Reports of Cases Determined in the Supreme Court of the State of California, Τόμος 3Bancroft-Whitney, 1888 |
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Συχνά εμφανιζόμενοι όροι και φράσεις
action admitted affidavit affirmed Alcalde alleged amount answer Appellant April authority avers bill bond Carson cattle cause charge charter charter-party Chief Justice cited claim common law complaint concurred contract costs counsel County court of equity Court of Sessions damages deed defendant defendant appealed defendant's delivered the opinion demurrer denies District Court election entitled estoppel evidence execution facts fendant filed Fitch fraud grant held HEYDENFELDT IDEM injunction interest issue Judge judgment Judicial District jurisdiction jury land lease Legislature lien mandamus ment mortgage nonsuit notice owner paid party payment Peck plaintiff pleadings possession Powett Practice Act prays premises promissory note Pueblo question quo warranto ranch record recover refused remedy remittitur rendered rent Respondent rule Sacramento County San Francisco sheriff sold statute suit sustained term thereof tiff tion trial verdict vessel Wend witness writ Yuba County
Δημοφιλή αποσπάσματα
Σελίδα 184 - An action may be brought by the attorney-general, in the name of the people of this state, upon his own information, or upon the complaint of a private party, against any person who usurps, intrudes into, or unlawfully holds or exercises any public office, civil or military, or any franchise within this state.
Σελίδα 243 - If the payment exceeds the interest, the surplus goes towards discharging the principal, and the subsequent interest is to be computed on the balance of principal remaining due. If the payment be less than the interest, the surplus of interest must not be taken to augment the principal, but interest continues on the former principal until the period when the payments taken together exceed the interest due, and then the surplus is to be applied towards discharging the principal, and interest is to...
Σελίδα 243 - The rule for casting interest, when partial payments have been made, is to apply the payment, in the first place, to the discharge of the interest then due.
Σελίδα 79 - Undoubtedly compensation must be made or secured to the owner when that which is done is to be regarded as a taking of private property for public use...
Σελίδα 170 - NC 136, was a case in which the debtor 'made over' to the creditor, ' as his property,' a chronometer, until a debt of £50 should be repaid. It was held to be a valid pledge. In the present case, the note for the repayment of the loan and the transfer of the stock were parts of the same transaction, and are to be construed together. The transfer, if regarded by itself, is absolute, but its object and character...
Σελίδα 42 - These express conditions, if they be impossible at the time of their creation, or afterwards become impossible by the act of God or the a<ct of the feoffer himself, or if they be contrary to law, or repugnant to the nature of the estate, are void.
Σελίδα 183 - The writ must be issued in all cases where there is not a plain, speedy, and adequate remedy, in the ordinary course of law.
Σελίδα 326 - Every action shall be prosecuted in the name of the real party in interest...
Σελίδα 134 - In other words, as the cases universally hold, a statute specifying a time within which a public officer is to perform an official act regarding the rights and duties of others is directory...
Σελίδα 265 - Lis answer, and a term elapses without any action on the garnishment, the summons is discontinued, and the party discharged from liability to answer.