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 67
Page 50
... owner of it . And as the heirs may contest the validity of allowed claims on a petition for the sale of real estate , the decision of a Probate Judge allowing the claim is not conclu- sive ; and in a case like the present , they may ...
... owner of it . And as the heirs may contest the validity of allowed claims on a petition for the sale of real estate , the decision of a Probate Judge allowing the claim is not conclu- sive ; and in a case like the present , they may ...
Page 51
... owner of it . ( Marsh vs. Dooley , April Term , 1877. ) The fact that it had gone into judgment during Crosby's lifetime can not vary the principle . It was a judgment in fa- vor of Elliott Reed , and when presented for allowance by ...
... owner of it . ( Marsh vs. Dooley , April Term , 1877. ) The fact that it had gone into judgment during Crosby's lifetime can not vary the principle . It was a judgment in fa- vor of Elliott Reed , and when presented for allowance by ...
Page 64
... owner of an undivided interest in the Rancho Los Animas , in the county of Santa Clara , California ; that the title to said rancho is founded upon a Mexican grant , which was confirmed by the courts of the United States under the Act ...
... owner of an undivided interest in the Rancho Los Animas , in the county of Santa Clara , California ; that the title to said rancho is founded upon a Mexican grant , which was confirmed by the courts of the United States under the Act ...
Page 69
... owner of a certain tract of land , in- cluding the ground sought to be condemned , " and " that he and his predecessors in interest have been the owners of said lot of land through which said H Street passes for the past thirteen years ...
... owner of a certain tract of land , in- cluding the ground sought to be condemned , " and " that he and his predecessors in interest have been the owners of said lot of land through which said H Street passes for the past thirteen years ...
Page 71
... owner of the possessory title to the land abutting on said street , he had certain rights which are entitled to protection . He can not , in this proceeding , be treated as a mere naked wrong- doer , having no equitable rights in the ...
... owner of the possessory title to the land abutting on said street , he had certain rights which are entitled to protection . He can not , in this proceeding , be treated as a mere naked wrong- doer , having no equitable rights in the ...
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Common terms and phrases
action affirmed alleged allowed amended amount answer appeal application attorney authority bank bill Board bond California cause claim Code complaint considered Constitution construction contract corporation counsel County creditors damages decided decision decree deed defendant denied District Court duty effect entered entitled evidence exceptions execution fact filed findings give given grant ground held interest issued Judge judgment jurisdiction jury Justice land limits March matter ment mining mortgage motion necessary notice objection opinion owner paid party passed patent payment person petition plaintiff portion possession present proceedings proper purchase question railroad reason received record recover refused respect respondent rule San Francisco sold statute street suit Supreme Court taken 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...