Pacific Coast Law Journal: Containing All the Decisions of the Supreme Court of California, and the Important Decisions of the U.S. Circuit and U.S. District Courts for the District of California, and of the U.S. Supreme Court and Higher Courts of Other States, Volume 11W.T. Baggett and Company, 1883 - Electronic journals |
From inside the book
Results 1-5 of 83
Page 2
... ground that there may not be suffi- cient funds in the treasury to defray the expenses of the election . Mandamus . Swift , Wilson and Burnett for petitioner . William Craig for respondent . By the COURT : The duties sought to be ...
... ground that there may not be suffi- cient funds in the treasury to defray the expenses of the election . Mandamus . Swift , Wilson and Burnett for petitioner . William Craig for respondent . By the COURT : The duties sought to be ...
Page 8
... ground that the defendant therein , on or about the 1st of July , 1872 , deserted the plaintiff in that action , and from that time forth lived apart from him and denied him all marital rights . After trial , the Court in which the ...
... ground that the defendant therein , on or about the 1st of July , 1872 , deserted the plaintiff in that action , and from that time forth lived apart from him and denied him all marital rights . After trial , the Court in which the ...
Page 18
... ground that he has been an officer de facto . " It is there- fore a rule of law that when an officer seeks to recover the emoluments of an office , he must show his right to the posses- sion of the office . The rule is based upon the ground ...
... ground that he has been an officer de facto . " It is there- fore a rule of law that when an officer seeks to recover the emoluments of an office , he must show his right to the posses- sion of the office . The rule is based upon the ground ...
Page 32
... ground , and plaintiff had leave to amend within ten days . Notice of the ruling was served , no amendment was made ... ground that the com- plaint did not state facts sufficient to constitute a cause of action . A demurrer to the ...
... ground , and plaintiff had leave to amend within ten days . Notice of the ruling was served , no amendment was made ... ground that the com- plaint did not state facts sufficient to constitute a cause of action . A demurrer to the ...
Page 34
... ground of irregularity in his examination or on the ground of incompetency . While it is true that a defendant in a criminal case is en- titled to have the question of the competency of a presum- ably incompetent witness heard and ...
... ground of irregularity in his examination or on the ground of incompetency . While it is true that a defendant in a criminal case is en- titled to have the question of the competency of a presum- ably incompetent witness heard and ...
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Common terms and phrases
adverse possession agreement alleged amended Appeal from Superior appellant assessment authority averment BANK capital stock cause of action cause remanded Central Pacific Railroad certificate charge city and county claim Code commenced Company complaint concur Constitution contract corporation county of San Court of equity creditors cross-complaint damages decree deed defendant defendant's delivered the opinion demand demurrer denied DEPARTMENT entitled equity estoppel evidence execution fact fendant Filed June finding fraud grant held injunction insolvent issue Judgment and order jurisdiction jury land liable lien McKee McKinstry ment mortgage motion Myrick notice order affirmed owner paid parties patent payment person petition petitioner plaintiff Plumas County possession premises proceeding purchase question Railroad recover refused respondent San Francisco Section Sharpstein Shasta County Statute of Limitations sufficient suit Superior Court Supreme Court sustained taxes testimony thereof Thornton tion trial void writ
Popular passages
Page 254 - All patents granted, or pre-emption or homesteads allowed, shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or recognized by the preceding section.
Page 204 - Each coterminous owner is entitled to the lateral and subjacent support which his land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction, on using ordinary care and skill, and taking reasonable precautions to sustain the land of the other, and giving previous reasonable notice to the other of his intention to make such excavations.
Page 517 - It is undoubtedly settled law that a judgment of a court of competent jurisdiction, upon a question directly involved in one suit, is conclusive as to that question in another suit between the same parties.
Page 403 - ... a statement of the terms, time given, and conditions of his contract, and also a description of the property to be charged with the lien, sufficient for identification, which claim must be verified by the oath of himself or of some other person.
Page 409 - Actions for the recovery of any property, real or personal, or for the possession thereof, or to quiet title thereto, or to determine any adverse claim "thereon, and all actions founded upon contracts, may be maintained by and against executors and administrators in all cases in which the same might have been maintained by or against their respective testators or intestates.
Page 609 - The Governor shall have the power to grant reprieves, commutations and pardons after conviction, for all offenses except treason and cases of impeachment, upon such conditions and with such restrictions and limitations, as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons.
Page 483 - In the view we take of this case it is not necessary to determine what force, if any, there might be in the first of these contentions, if Mrs.
Page 407 - ... the order must be made within thirty days after such judgment, and concurred in by two Associate Justices, and if so made it shall have the effect to vacate and set aside the judgment. Any four Justices may, either before or after judgment by a department, order a case to be heard in bank. If the order be not made within the time above limited the judgment shall be final.
Page 452 - Of law there can be no less acknowledged, than that her seat is the bosom of God, her voice the harmony of the world ; all things in heaven and earth do her homage, the very least as feeling her care, and the greatest as not exempted from her power...
Page 473 - When jurisdiction is, by the constitution or this code, or by any other statute, conferred on a court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this code.— Code amend.— 1880:43.