Reports of Cases Determined in the Supreme Court of the State of California, Volume 5Bancroft-Whitney, 1870 - Law reports, digests, etc |
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Common terms and phrases
action affidavit affirmed alleged amount Argument for Appellant Argument for Respondent assignment attorney authority bill bond briefs on file BRYAN cited City of San claim common law complaint concurred Constitution Contra Costa County contract counsel County Court Court of Chancery Court of Equity Court of Sessions creditors damages debt decree deed defendant appealed delivered the opinion District Court election entitled equity error evidence execution favor FELDT fraud granted held HEYDEN Heydenfeldt Ibid indorser injunction insolvent Johns Judge judgment is reversed Judicial District jurisdiction juror jury Justice land Legislature liable ment mortgage MURRAY Nevada County objection party payment person plaintiff possession Probate Court proceedings purchase money question recover referee refused remedy rule Sacramento County San Francisco County Seat of Government Sheriff statute sufficient suit sureties testimony tion trial trict Vallejo verdict void Wend Yuba County
Popular passages
Page 290 - In case of the death, or other disability, of a party, the court, on motion, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
Page 117 - The right of trial by jury shall be secured to all, and remain inviolate forever; but a jury trial may be waived by the parties, in all civil cases, in the manner to be prescribed by law.
Page 284 - That he has formed or expressed an opinion as to the guilt or innocence of the defendant.
Page 388 - And where, on the death of any person holding real estate within the territories of the one party, such real estate would, by the laws of the land, descend on a citizen or subject of the other, were he not disqualified by alienage, such citizens or subject shall be allowed a reasonable time to sell the same, and to withdraw the proceeds without molestation and exempt from all duties of detraction, on the part of the Government of the respective States.
Page 14 - The powers of the Government of the State of California shall be divided into three separate departments — the legislative, executive, and judicial ; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any functions appertaining to either of the others, except as in this Constitution expressly directed or permitted.
Page 194 - ... no transfer of stock shall be valid for any purpose whatever, except to render the person to whom it shall be transferred liable for the debts of the company, according to the provisions of this act, until it shall have been entered therein as required by this section, by an entry showing to and from whom transferred.
Page 457 - A party has no right to cross-examine a witness, except as to facts and circumstances connected with the matters stated in his direct examination.
Page 13 - SECTION 1. The judicial power of this State shall be vested in a Supreme Court, in District Courts, in County Courts, and in Justices of the Peace.
Page 267 - ... of buying and selling bills of exchange, or of issuing bills, notes, or other evidences of debt, upon loan, or for circulation as money.
Page 194 - ... and may be transferred by indorsement by the signature of the. proprietor, or his attorney or legal representative, and delivery of the certificate; but such transfer is not valid, except between the parties thereto, until the same is so entered upon the books of the corporation as to show the names of the parties by and to whom transferred, the number or designation of the shares, and the date of the transfer.