Reports of Cases Determined in the Supreme Court of the State of California, Τόμος 75Bancroft-Whitney, 1906 |
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Άλλες εκδόσεις - Προβολή όλων
Συχνά εμφανιζόμενοι όροι και φράσεις
action adverse possession affirmed alimony alleged appeal assessment assignment attorney averment BELCHER board of supervisors bond Butte ditch Canal and Mining city and county Civil Code Civil Procedure claim Code of Civil Company complaint concurred consent contract counsel county of San damages deceased decree deed defendant defendant's demurrer divorce duties effect entitled evidence executed facts fendant filed findings foreclosure foregoing opinion fraud granted ground held homestead hundred dollars injunction insolvent interest issue judge judgment and order jury land lien marital rights marriage ment Mokelumne River mortgage motion notice order refusing owner paid parties patent payment person petition petitioner plaintiff pleadings possession premises proceedings prosecution purchase question quiet title record rendered Respondent rule San Francisco sheriff's deed statute statute of frauds sufficient Superior Court thereof tion tract trial valid void water right William Sharon witness
Δημοφιλή αποσπάσματα
Σελίδα 69 - 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 527 - Actual fraud, within the meaning of this chapter, consists in any of the following acts, committed by a party to the contract, or with his connivance, with intent to deceive another party thereto, or to induce him to enter into the contract: 1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true; 2.
Σελίδα 19 - Marriage is a personal relation arising out of a civil contract, to which the consent of parties capable of making it is necessary. Consent alone will not constitute marriage; it must be followed by a solemnization, or by a mutual assumption of marital rights, duties, or obligations.
Σελίδα 76 - Consent to and subsequent consummation of marriage may be manifested in any form, and may be proved under the same general rules of evidence as facts in other cases.
Σελίδα 324 - Rape is an act of sexual intercourse, accomplished with a female not the wife of the perpetrator, under either of the following circumstances: 1.
Σελίδα 252 - The principle is, that where the owner of two tenements sells one of them, or the owner of an entire estate sells a portion, the purchaser takes the tenement or portion sold with all the benefits and burdens which appear at the time of the sale to belong to it, as between it and the property which the vendor retains.
Σελίδα 232 - ... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a Court of law ; or of which he might have availed himself at law, but was prevented by fraud or accident unmixed with any fault or negligence in himself or his agents, will justify an application to a Court of Chancery.
Σελίδα 603 - We see no reason why the same rule should not be applied here. If the defendant had no right to enter and occupy a place in the plaintiff's foundry, it would seem that he might easily have been stopped at the door, or, having entered, have been put out by calling in a policeman if necessary.
Σελίδα 450 - Commissioners, disinterested persons, resident of the county in which the district or some part thereof is situated, and must view and assess upon the lands situated within the district a charge proportionate to the whole expense and to the benefits which will result from such works...
Σελίδα 170 - When a transfer of real property is made to one person, and the consideration therefor is paid by or for another, a trust is presumed to result in favor of the person by or for whom such payment is made.