Reports of Cases Determined in the Supreme Court of the State of California, Volume 54Bancroft-Whitney, 1881 - Law reports, digests, etc |
Contents
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Common terms and phrases
adverse possession affirmed alleged appeal application Argument for Appellant assessment attorney bail bill Board cause of action cause remanded certificate charge City and County Civil Procedure claim clause Code Civ Code of Civil commenced complaint concurred Constitution contract County of San Court of Equity Court-McKinstry Court-Morrison Court-Myrick Court-Ross Court-Sharpstein DAINGERFIELD decree deed defendant demurrer District Court entitled evidence execution executors facts filed grand jury grant habeas corpus held homestead indictment interest issue Judgment and order jurisdiction land lease Legislature lien MCKEE MCKINSTRY ment mortgage motion MYRICK Opinion order denying owner party payment person petition plaintiff Points Decided possession premises Probate Court Proc proceedings purchase question Rancho Remittitur San Francisco SHARPSTEIN Station 25 statute Statute of Limitations street Supreme Court testator thereof THORNTON tion transcript trial trust verdict void witness writ writ of mandamus
Popular passages
Page 379 - 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 361 - Provided, that writs of habeas corpus shall in no case extend to prisoners in jail, unless where they are in custody, under or by color of the authority of the United States...
Page 521 - Every person who having taken an oath that he will testify, declare, depose, or certify truly before any competent tribunal, officer, or person, in any of the cases in which such an oath may by law be administered, wilfully and contrary to such oath states as true any material matter which he knows to be false is guilty of perjury.
Page 283 - In an action by a mortgagee for the foreclosure of his mortgage and sale of the mortgaged property, where it appears that the mortgaged property is in danger of being lost, removed, or materially injured, or that the condition of the mortgage has not been performed, and that the property is probably insufficient to discharge the mortgage debt; Î.
Page 362 - Judges, shall have power to issue writs of mandamus, certiorari, prohibition, quo warranto, and habeas corpus on petition by or on behalf of any person in actual custody in their respective counties.
Page 632 - ... a claim containing a statement of his demand, after deducting all just credits and offsets, with the name of the owner or reputed owner, if known, and also the name of the person by whom he was employed or to whom he furnished the materials, with a statement of the terms, time given, and conditions of his contract...
Page 243 - The provisions of this Constitution are mandatory and prohibitory, unless by express words they are declared to be otherwise.
Page 108 - House, but may be amended or rejected by the other; and on the final passage of all bills they shall be read at length, and the vote shall be by yeas and nays upon each bill separately, and shall be entered on the Journal ; and no bill shall become a law without the concurrence of a majority of the members elected to each House.
Page 120 - It follows that the judgment must be reversed and the cause remanded for a new trial ; and it is so ordered.
Page 292 - ... will pay all costs that may be awarded to the defendant and all damages which he may sustain by reason of the attachment, not exceeding the sum specified in the undertaking...