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 6W.T. Baggett and Company, 1881 - Law |
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Results 1-5 of 77
Page 8
... views that the Court below was right in sustaining the defendant's objections to the notes and mortgage . Judgment and ... delivered the opinion of the Court : Whether a deed absolute in form be a mortgage is a ques- tion of intention to ...
... views that the Court below was right in sustaining the defendant's objections to the notes and mortgage . Judgment and ... delivered the opinion of the Court : Whether a deed absolute in form be a mortgage is a ques- tion of intention to ...
Page 14
... delivered the opinion of the Court : This is an appeal from a judgment in an action of claim and delivery , and the transcript contains nothing beyond a judgment roll . It appears by the findings that the plaintiff let to the defendant ...
... delivered the opinion of the Court : This is an appeal from a judgment in an action of claim and delivery , and the transcript contains nothing beyond a judgment roll . It appears by the findings that the plaintiff let to the defendant ...
Page 64
... delivered the opinion of the Court : On March 23 , 1878 , plaintiff commenced an action against one Rice to recover ... gave a bond for the payment of any judgment which plaintiff might recover , and no property was seized under the ...
... delivered the opinion of the Court : On March 23 , 1878 , plaintiff commenced an action against one Rice to recover ... gave a bond for the payment of any judgment which plaintiff might recover , and no property was seized under the ...
Page 85
... delivered the opinion of the Court : The District Court among other things found : " On the 31st day of October , A. D. 1877 , one D. F. Scroggins applied to plaintiffs for a loan of $ 3000 , and offered as security there- for his own ...
... delivered the opinion of the Court : The District Court among other things found : " On the 31st day of October , A. D. 1877 , one D. F. Scroggins applied to plaintiffs for a loan of $ 3000 , and offered as security there- for his own ...
Page 88
... opinion of the Court below , true ; which untrue . We cannot assume the function of determin- ing for the first time ... delivered the opinion of the Court : The action was brought to recover damages for an alleged wrongful diversion of ...
... opinion of the Court below , true ; which untrue . We cannot assume the function of determin- ing for the first time ... delivered the opinion of the Court : The action was brought to recover damages for an alleged wrongful diversion of ...
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Common terms and phrases
action adverse possession affidavit affirmed alleged amended answer appeal appellant application assessment attorney authority averments Board California cause cause of action City and County Civil Procedure claim Colusa County commenced Commissioners complaint concur Constitution contract corporation counsel County of San Court of equity creditors damages deceased decree deed defendant defendant's delivered the opinion demurrer denied District Court duty election entitled error evidence executed fact fendant grant held issue Judge Judgment and order Judicial District jury Land Office Legislature lien McKee McKinstry ment mortgage motion Myrick notice owner party patent payment person petition petitioner plaintiff Political Code possession pre-emption premises proceedings promissory note purchase question railroad record respondent Ross rule Sacramento County San Francisco Santa Clara County Section Sharpstein statute Statute of Limitations Superior Court Supreme Court thereof Thornton tion trial verdict writ
Popular passages
Page 212 - The General Assembly shall not pass local or special laws in any of the following enumerated cases, that is to say : Regulating the jurisdiction and duties of justices of the peace and of constables; For the punishment of crimes and misdemeanors...
Page 530 - The writ of prohibition is the counterpart of the writ of mandate. It arrests the proceedings of any tribunal, corporation, Board, or person, when such proceedings are without or in excess of the jurisdiction of such tribunal, corporation, Board, or person.
Page 520 - ... is caused by the wrongful act or neglect of another, his heirs or personal representatives may maintain an action for damages against the person causing the death, or if such person be employed by another person who is responsible for his conduct, then also against such other person. In every action under this and the preceding section, such damages may be given as under all the circumstances of the case, may be just.
Page 550 - Whenever any patent is inoperative or invalid, by reason of a defective or insufficient specification, or by reason of the patentee claiming as his own invention or discovery more than he had a right to claim as new, if the error has arisen by inadvertence, accident, or mistake, and without any fraudulent or deceptive intention, the Commissioner shall, on the surrender of such patent and the payment of the duty required by law, cause a new patent for the same invention, and in accordance with the...
Page 672 - THIS INDENTURE, made this day of , in the year One thousand, nine hundred and , between of , the party of the first part...
Page 748 - A criminal action prosecuted by indictment may be removed from the court in which it is pending, on the application of the defendant on the ground that a fair and impartial trial cannot be had in the county where the indictment is pending.
Page 247 - the actual existence of any particular purpose, motive or intent is a necessary element to constitute a particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time, in determining the purpose, motive or intent with which he committed the act.
Page 344 - The Legislature, by general and uniform laws, shall provide for the election or appointment, in the several counties, of Boards of Supervisors, Sheriffs, County Clerks, District Attorneys, and such other county, township, and municipal officers as public convenience may require, and shall prescribe their duties, and fix their terms of office.
Page 413 - ... 1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true ; "2.
Page 550 - This provision of the Act of 1836 was in turn superseded by § 53 of the Act of July 8th, 1870, c. 230, 16 Stat. 205, which provided, " that whenever any patent is inoperative or invalid, by reason of a defective or insufficient specification, or by reason of the patentee claiming as his own invention or discovery more than he had a right to claim as new...