Reports of Cases Determined in the Supreme Court of the State of California, Volume 10Bancroft-Whitney, 1858 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 3
... given before entering upon the duties of the office . The Governor is not only authorized , but directed , to make the appointment in the man- ner pointed out by the law . The officer is required to reside in the city of San Francisco ...
... given before entering upon the duties of the office . The Governor is not only authorized , but directed , to make the appointment in the man- ner pointed out by the law . The officer is required to reside in the city of San Francisco ...
Page 16
... given to a mere attorney . The language is inconsistent with the attributes of a mere power of attorney . It is clear that even under the strict and sometimes harsh rules of the common law , no particular form of words is necessary to ...
... given to a mere attorney . The language is inconsistent with the attributes of a mere power of attorney . It is clear that even under the strict and sometimes harsh rules of the common law , no particular form of words is necessary to ...
Page 25
... given in evidence under the general issue - but the action was trespass , where all matters of defence which admit the original wrong , must be specially pleaded . " The case in 6 Cowen is not questioned nor overruled , and the learned ...
... given in evidence under the general issue - but the action was trespass , where all matters of defence which admit the original wrong , must be specially pleaded . " The case in 6 Cowen is not questioned nor overruled , and the learned ...
Page 28
... given in evidence under a simple denial in the answer . Under the former system , almost every matter in discharge of the action could be given in evidence under the general issue . But this theory would seem to be liable to the most ...
... given in evidence under a simple denial in the answer . Under the former system , almost every matter in discharge of the action could be given in evidence under the general issue . But this theory would seem to be liable to the most ...
Page 29
... given in evidence under the negative answer , they need not be stated at all . Anciently , in England , the general issue was seldom pleaded , except when the defendant meant wholly to deny the allegations of the declaration . Matters ...
... given in evidence under the negative answer , they need not be stated at all . Anciently , in England , the general issue was seldom pleaded , except when the defendant meant wholly to deny the allegations of the declaration . Matters ...
Contents
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Common terms and phrases
administrator admissible affidavit affirmed agreement alleged amount answer appeal assigned authority Bagley bill bond cause of action claim common law complaint concurring constitute contract conveyance counsel Court of Equity Court-TERRY creditors damages debt debtor deceased decision decree deed defendant delivered the opinion demurrer District Court ditch dollars dying declarations entitled error evidence execution facts fendant filed fraud grant ground held homestead indictment insolvent instrument intention interest issue Judge judgment Judicial District jurisdiction jury land levy lien mandamus McMickle ment Mesick misjoinder Mokelumne Hill mortgage notice objection paid parties payment person plaintiff pleaded possession premises Probate Court promissory note proof purchaser question recover refused replevin respondent rule San Francisco sheriff Sinton sold statute Statute of Frauds sufficient suit surety Sutter testimony thereof tion trial verdict void wife witness Wood's Digest
Popular passages
Page 215 - The writ of mandamus may be denominated the writ of mandate. § 1085. It .may be issued by any court, except a justice's or police court, to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station...
Page 42 - When any office shall, from any cause become vacant, and no mode is provided by the Constitution and laws for filling such vacancy, the Governor shall have power to fill such vacancy by granting a commission which shall expire at the end of the next session of the Legislature, or at the next election by the people.
Page 308 - Whatever belongs merely to the remedy may be altered according to the will of the State, provided the alteration does not impair the obligation of the contract. But if that effect is produced, it is immaterial whether it is done by acting on the remedy or directly on the contract itself. In either case it is prohibited by the constitution.
Page 556 - When any of the matters enumerated in section forty do not appear upon the face of the complaint, the objection may be taken by answer. SEC. 45. If no such objection be taken, either by demurrer or answer, the defendant shall be deemed to have waived the same, excepting only the objection to the jurisdiction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action.
Page 653 - Every law enacted by the Legislature shall embrace but one object, and that shall be expressed in the title...
Page 231 - And it is agreed that if any rent shall be due and unpaid, or if default shall be made in any of the covenants herein contained, then it shall be lawfu-l for the said party of the first part to re-enter the said premises, and to remove all persons therefrom.
Page 310 - ... shall be deemed murder of the first degree ; and all other kinds of murder shall be deemed murder of the second degree; and the jury before whom any person indicted for murder shall be tried, shall, if they find such person guilty thereof, designate by their verdict, whether it be murder of the first or second degree...
Page 98 - ... giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes, as I might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that my said attorney or his substitute shall lawfully do or cause to be done by virtue hereof.
Page 96 - ... whatsoever of the said party of the first part either in law or equity of in and to the above bargained premises with the hereditaments and appurtenances.
Page 505 - In the exercise of this power, congress has passed "an act for enrolling and licensing ships or vessels to be employed in the coasting trade, and fisheries, and for regulating the same.