Reports of Cases Determined in the Courts of Appeal of the State of California, Volume 6Bancroft-Whitney, 1908 - Law reports, digests, etc |
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Common terms and phrases
affidavit affirmed agreement alleged amended answer application assessment attorney averments bank cause of action certificate Chipman Civil Procedure claim Code of Civil Company complaint concurred consideration constitution contract corporation counsel court of equity damages deceased declared deed defendant defendant's demurrer district El Dorado county entitled equity evidence executed facts fendant filed finding George D husband indorsed instruction issue Judge jurisdiction jury land lease marriage ment motion negligence notice opinion order denying ordinance owner paid party payment person petition petitioner Placer County plaintiff possession premises presumption proceedings provisions purchase purpose question quiet title reason record refused Respondent rule Shasta County statement statute sufficient Superior Court supreme court Sutter County testified testimony therein thereof thereto Third Appellate tiff tion trial court verdict void wife witness writ Yordi
Popular passages
Page 292 - The cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
Page 540 - It shall be the duty of the adverse claimant, within thirty days after filing his claim, to commence proceedings in a court of competent jurisdiction, to determine the question of the right of possession, and prosecute the same with reasonable diligence to final judgment; and a failure so to do shall be a waiver of his adverse claim.
Page 850 - Every possible presumption is in favor of the validity of a statute, and this continues until the contrary is shown beyond a rational doubt. One branch of the government cannot encroach on the domain of another without danger. The safety of our institutions depends in no small degree on a strict observance of this salutary rule.
Page 745 - On this day of 19 before me, the undersigned, a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same.
Page 657 - Where the means of knowledge are at hand and equally available to both parties, and the subject of purchase is alike open to their inspection, if the purchaser does not avail himself of these means and opportunities, he will not be heard to say that he has been deceived by the vendor's misrepresentations.
Page 374 - The party producing a writing as genuine which has been altered, or appears to have been altered, after its execution, in a part material to the question in dispute, must account for the appearance or alteration. He may show that the alteration was made by another, without his concurrence, or was made with the consent of the parties affected by it, or otherwise properly or innocently made, or that the alteration did not change the meaning or language of the instrument.
Page 181 - Such deed duly acknowledged or proved is (except as against actual fraud) conclusive evidence of the regularity of all the proceedings from the assessment by the Assessor, inclusive, up to the execution of the deed.
Page 8 - ... to license all and every kind of business not prohibited by law, and transacted and carried on within the limits of their respective jurisdictions, and all shows, exhibitions, and lawful games carried on therein, to fix the rates of license tax upon the same, and to provide for the collection of the same by suit or otherwise...
Page 872 - A written instrument, in respect to which there is a reasonable apprehension that if left outstanding it may cause serious injury to a person against whom it is void or voidable, may, upon his application, be so adjudged, and ordered to be delivered up or canceled.
Page 247 - The writ of prohibition is the counterpart of the writ of mandate. It arrests the proceedings of any tribunal, corporation, board or person, whether exercising functions judicial or ministerial, when such proceedings are without or in excess of the jurisdiction of such tribunal, corporation, board, or person.