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 |
From inside the book
Results 1-5 of 84
Page 11
... opinion of the presiding judge for the time being prevailing . As the District Judge had , on a previous occasion , ruled differently , the plaintiffs ' counsel had relied upon this judgment roll as conclusive , and were not prepar- ed ...
... opinion of the presiding judge for the time being prevailing . As the District Judge had , on a previous occasion , ruled differently , the plaintiffs ' counsel had relied upon this judgment roll as conclusive , and were not prepar- ed ...
Page 12
... opinion of the District Judge , I am compelled to say that I am still satisfied with the conclusion reached and announc- ed at the former trial . The oral decision then delivered was taken down by a short - hand reporter , and as it ...
... opinion of the District Judge , I am compelled to say that I am still satisfied with the conclusion reached and announc- ed at the former trial . The oral decision then delivered was taken down by a short - hand reporter , and as it ...
Page 18
... opinion between us . But as the law now stands , the opinion of the Presiding Judge prevails for the time being . " The very elaborate opinion in Lee vs. Kaufman , recently decided by Judge Hughes , cited by plaintiffs ' counsel on the ...
... opinion between us . But as the law now stands , the opinion of the Presiding Judge prevails for the time being . " The very elaborate opinion in Lee vs. Kaufman , recently decided by Judge Hughes , cited by plaintiffs ' counsel on the ...
Page 19
... opinion of the General Term , which is supposed to be in conflict with the rule adopted in the present case , was prepared by myself and was not overlooked when the nonsuit was ordered . I am still of the opinion that railway passengers ...
... opinion of the General Term , which is supposed to be in conflict with the rule adopted in the present case , was prepared by myself and was not overlooked when the nonsuit was ordered . I am still of the opinion that railway passengers ...
Page 21
... opinion of our Supreme Court , made August 13 , 1878 , was an action to quiet title . The case was before the court before , and it will be found reported in 50 Cal . 450. The facts are all set out fully in that opinion . The court then ...
... opinion of our Supreme Court , made August 13 , 1878 , was an action to quiet title . The case was before the court before , and it will be found reported in 50 Cal . 450. The facts are all set out fully in that opinion . The court then ...
Other editions - View all
Common terms and phrases
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 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...