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 2W. T. Baggett and Company, 1879 - Law |
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Page 2
... considered under this writ . Wm . Smith , the relator , was a co - executor of the last will of R. D. Taylor , deceased . On 28th day of January , 1878 , after a final account , the Probate Court made a decree ordering a balance due ...
... considered under this writ . Wm . Smith , the relator , was a co - executor of the last will of R. D. Taylor , deceased . On 28th day of January , 1878 , after a final account , the Probate Court made a decree ordering a balance due ...
Page 4
... the release of the executor from the obligation to comply with the order , or his inability to comply with it , can not be considered under this writ . Writ dismissed . [ No. 5,697 . ] [ Filed August 16 , 4 THE PACIFIC COAST LAW JOURNAL .
... the release of the executor from the obligation to comply with the order , or his inability to comply with it , can not be considered under this writ . Writ dismissed . [ No. 5,697 . ] [ Filed August 16 , 4 THE PACIFIC COAST LAW JOURNAL .
Page 16
... considered a party for the purpose of defending an action on the ground that the State can not be sued , it seems absurd to hold that the State is , nevertheless , a party for the purpose of having its rights conclusively de- termined ...
... considered a party for the purpose of defending an action on the ground that the State can not be sued , it seems absurd to hold that the State is , nevertheless , a party for the purpose of having its rights conclusively de- termined ...
Page 32
... considered . Any patent of the United States which may hereafter be issued to the city from the Land Department at Washington can neither add to or take from the title already vested in the city and those claiming under it . The ...
... considered . Any patent of the United States which may hereafter be issued to the city from the Land Department at Washington can neither add to or take from the title already vested in the city and those claiming under it . The ...
Page 52
... considered but one , which was the re- fusal of the court below to give the second instruction , which is set forth in the opinion of the court . T. H. Hanson and Pratt & Metcalfe , for respondents . B. S. Brooks and E. B. Mahon , for ...
... considered but one , which was the re- fusal of the court below to give the second instruction , which is set forth in the opinion of the court . T. H. Hanson and Pratt & Metcalfe , for respondents . B. S. Brooks and E. B. Mahon , for ...
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action affirmed alleged Alpine County amended amount Anglo-Californian Bank appeal appellant attorney authority averment bank bankrupt bankruptcy bill bond California Carson River cause remanded Circuit Court city and county Civil Procedure claim Code Commissioners complaint Constitution contract conveyance corporation counsel county of San Courts of Equity creditors CURIAM damages decision decree deed defendant defendant's demurrer District Court entitled equity estoppel evidence execution fact fendant filed fraud grant ground held homestead interest issued Judge jurisdiction jury Justice land Legislature lien ment mortgage motion Nevada notice opinion owner paid party patent payment person petition plaintiff portion possession premises Probate Court proceedings purchase purpose question railroad record recover Remittitur res adjudicata respondent San Francisco Section Sheriff sold statute Statute of Limitations Storey County suit Supreme Court thereof tion trial United valid void wood writ
Popular passages
Page 323 - ... and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed ; but whenever any person, in the construction of any ditch or canal, injures or damages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage.
Page 199 - It is a maxim not to be disregarded that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit when the very point is presented for decision. The reason of this maxim is obvious. The question actually before the court is investigated with care, and considered in its full extent. Other principles which may serve to illustrate...
Page 323 - That whenever by priority of possession rights to the use of water for mining, agricultural, manufacturing, or other purposes have vested and accrued and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same...
Page 413 - Journal, nor unless the party complained of has been served with a copy of the complaint against him, and shall have had an opportunity of being heard in his defense.
Page 407 - SECTION 1. The judicial power of the State shall be vested in the Senate sitting as a Court of Impeachment, in a Supreme Court, Superior Courts, Justices of the Peace, and such inferior courts as the Legislature may establish in any incorporated city, or town, or city and county.
Page 177 - ... upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect...
Page 413 - The Legislature may also provide for the appointment, by the several Superior Courts, of one or more Commissioners in their respective counties, or cities and counties, with authority to perform chamber business of the Judges of the Superior Courts, to take depositions, and perform such other business connected with the administration of justice as may be prescribed by law.
Page 309 - ... that the property or fund is in danger of being lost, removed, or materially injured.
Page 412 - Superior Court may be tried by a Judge pro tempore, who must be a member of the bar, agreed upon in writing by the parties litigant, or their attorneys of record, approved by the Court, and sworn to try the cause SBC.
Page 245 - And you are hereby notified that, unless you so appear and answer, the plaintiff will apply to the court for the relief demanded in the complaint...