Reports of Cases Determined in the Supreme Court of the State of California, Volume 8Bancroft-Whitney, 1906 - Law reports, digests, etc |
Other editions - View all
Common terms and phrases
action affirmed agent alcalde alleged Alvin Adams appeal assignment attachment attorney authority bill BURNETT cause cause of action Cited city of San claim common law complaint concurring Constitution contract conveyance counsel county seat Court of Equity creditors Dallas debt decree deed defendant delivered the opinion District Court ditch El Dorado County entitled equity estopped evidence execution fact fraud fraudulent grant held homestead hundred injury insolvent instruction intention judgment Judicial jurisdiction jury Justice Laird and Chambers land Legislature levy liability lien Marzaud ment mortgage motion notice owner party payment person Placer County plaintiff possession premises principal proceedings promissory note pueblo purchaser question receiver record recover refused respondent Revalk rule San Francisco sheriff sold statute Statute of Frauds sufficient suit term testimony thousand dollars tion trial vendor verdict vessel void Wend writ
Popular passages
Page 139 - ... without diminution or alteration. No proprietor has a right to use the water, to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water itself, but a simple usufruct while it passes along. Aqua currit et debet currere ut currere solebat is the language of the law.
Page 427 - ... be created, granted, assigned, surrendered or declared, unless by act or operation of law, or by a deed or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering or declaring the same, or by his lawful agent, thereunto authorized by writing (3 RS 6 ed.
Page 9 - 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 16 - All other officers whose election or appointment is not provided for by this Constitution, and all officers whose offices may hereafter be created by law, shall be elected by the people, or appointed, as the Legislature may direct Section 3.
Page 322 - The connection of the individuals In the unlawful enterprise being thus shown, every act and declaration of each member of the confederacy, in pursuance of the original concerted plan, and with reference to the common object, is, in contemplation of law, the act and declaration of them all, and Is, therefore, original evidence against each of them.
Page 552 - ... unless the same be accompanied by an immediate delivery, and be followed by an actual and continued change of possession...
Page 91 - All murder which is perpetrated by means of poison, or lying in wait, torture, or by any other kind of willful, deliberate, and premeditated killing, or which is committed in the perpetration or attempt to perpetrate arson, rape, robbery, burglary, or mayhem, is murder of the first degree; and all other kinds of murders are of the second degree.
Page 400 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2.
Page 93 - All murder which shall be perpetrated by means of poison or lying in wait, torture, or by any other kind of willful, deliberate and premeditated killing, or which shall be committed in the perpetration or attempt to perpetrate any arson, rape, robbery or burglary, shall be deemed murder of the first degree, and all other kinds of murder shall be deemed murder of the second degree...
Page 462 - ... that he executed the same freely and voluntarily for the uses and purposes therein mentioned.