Reports of Cases Determined in the Supreme Court of the State of California, Volume 30Bancroft-Whitney, 1906 - Law reports, digests, etc |
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Results 1-5 of 99
Page 11
... FINDINGS OF A REFEREE.- The Supreme Court will not review the findings of a referee to ascertain whether they are contrary to the evidence except on appeal from an order denying a new trial . APPEAL IN AN ACTION OF PARTITION.- On the ...
... FINDINGS OF A REFEREE.- The Supreme Court will not review the findings of a referee to ascertain whether they are contrary to the evidence except on appeal from an order denying a new trial . APPEAL IN AN ACTION OF PARTITION.- On the ...
Page 13
... finding the particu- lar facts upon which the fact of ownership was based . The following is the deed from Donna Martina Castro to her children , which the Court holds to be a deed of gift : CALIFORNIA , SANTA CRUZ COUNTY . This ...
... finding the particu- lar facts upon which the fact of ownership was based . The following is the deed from Donna Martina Castro to her children , which the Court holds to be a deed of gift : CALIFORNIA , SANTA CRUZ COUNTY . This ...
Page 20
... finding " thereon . The referee reported , among other things , that Hihn was the owner in fee simple of seventy - one two hundred seventieths of the property , and as to the remaining fractional interests , they were reported to be ...
... finding " thereon . The referee reported , among other things , that Hihn was the owner in fee simple of seventy - one two hundred seventieths of the property , and as to the remaining fractional interests , they were reported to be ...
Page 21
... findings of the referee , for the order overruling the motion for a new trial was made eighteen months before the appeal from the order was taken . The objection that the findings were contrary to the evidence , as well as the exception ...
... findings of the referee , for the order overruling the motion for a new trial was made eighteen months before the appeal from the order was taken . The objection that the findings were contrary to the evidence , as well as the exception ...
Page 66
... finding , it would not be disturbed . By the Court , CURREY , C. J .: The plaintiff claiming to be the owner and in the possession of Fifty - vara Lot No. 17 , in the City of San Francisco , brought his action on the 5th of July , 1864 ...
... finding , it would not be disturbed . By the Court , CURREY , C. J .: The plaintiff claiming to be the owner and in the possession of Fifty - vara Lot No. 17 , in the City of San Francisco , brought his action on the 5th of July , 1864 ...
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Common terms and phrases
adverse possession affirmed alleged amend answer appeal argued attorney authority averred Board of Supervisors Calaveras County cause of action cited Clerk common law Company complaint Constitution contract convey conveyance counsel county seat Court Currey Court of equity decree deed defendant defendant's demurrer denying District Court dollars ejectment election entered entitled equity estoppel evidence execution executors facts filed Flume fraud grant grantor ground holding hundred husband interest issue Judge judgment Judicial District jurisdiction jury Justice land Legislature mandamus matter ment mining claim mortgage motion Opinion of Sawyer parol parties payment person petition Placer County plaintiff pleaded Practice Act premises prove purchase question record recover Respondent rule San Francisco Sanderson separate property Shafter Sheriff Sheriff's deed statement Statute of Limitations suit Supreme Court tide lands tion tract trial trust void votes wife writ
Popular passages
Page 46 - All property, both real and personal, of the wife, owned or claimed by her before marriage, and that acquired afterwards by gift, devise, or descent, shall be her separate property; and laws shall be passed more clearly defining the rights of the wife, in relation as well to her separate property, as to that held in common with her husband.
Page 476 - In case of the death or other disability of a party, the court, on motion, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party; or, the court may allow the person to whom the transfer is made to be substituted in the action.
Page 130 - In an action brought to recover a balance due upon a mutual, open, and current account, where there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued from the time of the last item proved in the account on either side.
Page 252 - ... 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Page 549 - Michigan of the second part, witnesseth, that the said parties of the first part, for and in consideration of the sum of one dollar to them in hand, paid by the said party of the second .part...
Page 533 - In an action arising upon contract for the recovery of money or damages only, if no answer has been filed with the clerk of the court within the time specified in the summons...
Page 423 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page 106 - He shall not make profit by the increase, nor suffer loss by the decrease or destruction without his fault, of any part of the estate.
Page 184 - Service by mail may be made, where the person making the service, and the person on whom it is to be made reside in different places between which there is a regular communication by mail.
Page 30 - ... which they may acquire during the marriage, either by donations made jointly to them both, or by purchase, or in any other similar way, even although the purchase be only in the name of one of the two and not of both, because in that case the period of time when the purchase is made is alone attended to, and not the person who made the purchase.