Reports of Cases Determined in the Supreme Court of the State of California, Volume 19Bancroft-Whitney, 1906 - Law reports, digests, etc |
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Page 61
... plaintiff a mule team and harness for $ 1,000 , to have the use of the team though the possession was to remain - in plaintiff until the team was paid for . Davis delivered some lumber , but not within the time , nor in the quantity ...
... plaintiff a mule team and harness for $ 1,000 , to have the use of the team though the possession was to remain - in plaintiff until the team was paid for . Davis delivered some lumber , but not within the time , nor in the quantity ...
Page 62
... plaintiff , to be used by Davis in connection with his saw mill - it being under- stood that the possession of the team was to remain in plaintiff un- til paid for by Davis . There were some other covenants in the contract which are not ...
... plaintiff , to be used by Davis in connection with his saw mill - it being under- stood that the possession of the team was to remain in plaintiff un- til paid for by Davis . There were some other covenants in the contract which are not ...
Page 63
... plaintiff to the value of the team ; and further , even if the contract is to be construed as an entirety , and if it can be im- plied therefrom that plaintiff agreed to sell to Davis , still that this covenant was executory , and no ...
... plaintiff to the value of the team ; and further , even if the contract is to be construed as an entirety , and if it can be im- plied therefrom that plaintiff agreed to sell to Davis , still that this covenant was executory , and no ...
Page 65
... plaintiff therein ; and alleging full compliance by him with all the provisions of the Practice Act of this State ... plaintiff , for which at that time he gave his note , bearing interest at two and one - half per cent . a month , and ...
... plaintiff therein ; and alleging full compliance by him with all the provisions of the Practice Act of this State ... plaintiff , for which at that time he gave his note , bearing interest at two and one - half per cent . a month , and ...
Page 66
... plaintiff , and down to the seizure and removal of the goods by the defendant , Swain was the agent of the plaintiff in the whole matter , but neither then or at any time until August , 1859 , did the plaintiff or Swain set up any claim ...
... plaintiff , and down to the seizure and removal of the goods by the defendant , Swain was the agent of the plaintiff in the whole matter , but neither then or at any time until August , 1859 , did the plaintiff or Swain set up any claim ...
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Common terms and phrases
affirmed agreement alleged answer appeal attorney authority avers bail BALDWIN Board bond Butte County cause of action charge Chater Cited claim Commissioners complaint Constitution contract conveyance corporation County Court Court of Sessions Court-FIELD Courts of Equity creditors debt decree deed defendant delivered the opinion demurrer dollars Duff ejectment Engles entitled equitable defense equity evidence execution executor facts filed fraud grant guardian ad litem held holding hundred indictment insolvent interest issued Judge judgment jurisdiction jury lease Legislature license ment mortgage notice objection owner parties patent person petition plaintiff pleadings possession premises Probate Court proceedings proof provisions purchase purpose Puymirol question Respondent Richardson Ricketson rule San Francisco Santa Clara county Sheriff sold Stapleford Stat statute Statute of Limitations street sufficient suit thereof tion trial verdict witness writ
Popular passages
Page 142 - The right of trial by jury shall be secured to all, and remain inviolate ; but in civil actions three-fourths of the jury may render a verdict.
Page 555 - ... that he is a citizen of the United States, or has declared his intention to become such...
Page 39 - ... that the same is true of his own knowledge except as to the matters therein stated to be alleged on information and belief, and as to those matters he believes it to be true.
Page 591 - By the law of the land is most clearly intended the general law, a law which hears before it condemns; which proceeds upon inquiry and renders judgment only after trial.
Page 553 - ... in trust for the several use and benefit of the occupants thereof, according to their respective interests ; the execution of which trust, as to the disposal of the lots in such town, and the proceeds of the sales thereof, to be conducted under such regulations as may be prescribed by the legislative authority of the State or Territory in which the same may be situated.
Page 92 - The executor or administrator shall have a right to the possession of all the real as well as personal estate of the deceased, and may receive the rents, issues and profits of the real estate, until the estate shall have been settled, or until delivered over, by order of the probate court, to the heirs or devisees, and shall keep in good tenantable repair, all houses, buildings and fences thereon which are under his control.
Page 656 - In the case of an assignment of a thing in action, the action by the assignee is without prejudice to any set-off, or other defense existing at the time of, or before, notice of the assignment...
Page 253 - That each and every person claiming lands in California by virtue of any right or title derived from the Spanish or Mexican Government...
Page 554 - An act for the relief of the citizens of towns upon the lands of the United States, under certain circumstances...
Page 346 - ... and out of the money arising from such sale, to retain the principal and interest which shall then be due...