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 33
... statute . ( Prac . Act , sec . 55. ) II . The answer is but a general denial , and does not put in issue any material fact alleged in the complaint . ( Stewart v . Street , 10 Cal . 372 ; Curtis v . Richards & Vantine , 9 Id . 33 ...
... statute . ( Prac . Act , sec . 55. ) II . The answer is but a general denial , and does not put in issue any material fact alleged in the complaint . ( Stewart v . Street , 10 Cal . 372 ; Curtis v . Richards & Vantine , 9 Id . 33 ...
Page 34
... statute , treat- ing the complaint as a pleading in an action of ejectment . ( Prac . Act , sec . 55. ) A somewhat different form , but amounting in sub- stance to the same thing , is prescribed where an injunction is sought upon the ...
... statute , treat- ing the complaint as a pleading in an action of ejectment . ( Prac . Act , sec . 55. ) A somewhat different form , but amounting in sub- stance to the same thing , is prescribed where an injunction is sought upon the ...
Page 37
... statute was amended , and the words " to the effect " prefixed to the form of verification . ( N. Y. Code , 1852 ... statute authorizes . It excepts " the matters therein stated on the information and belief of plaintiffs , " whereas ...
... statute was amended , and the words " to the effect " prefixed to the form of verification . ( N. Y. Code , 1852 ... statute authorizes . It excepts " the matters therein stated on the information and belief of plaintiffs , " whereas ...
Page 44
... statute . ( Prac . Act , sec . 125. ) The fact that the copy of the writ was not filed in the Recorder's office until after the deed to Dimock , makes no difference , because , by the doctrine of relation , " Where there are divers acts ...
... statute . ( Prac . Act , sec . 125. ) The fact that the copy of the writ was not filed in the Recorder's office until after the deed to Dimock , makes no difference , because , by the doctrine of relation , " Where there are divers acts ...
Page 56
... statute contemplates that the order shall be given ex parte ; it does not require the application to be sworn to , nor any showing to be made , and it gives no one any oppor- tunity to appear to contest any allegation until the return ...
... statute contemplates that the order shall be given ex parte ; it does not require the application to be sworn to , nor any showing to be made , and it gives no one any oppor- tunity to appear to contest any allegation until the return ...
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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...