Reports of Cases Determined in the Supreme Court of the State of California, Volume 59Bancroft-Whitney, 1906 |
Other editions - View all
Common terms and phrases
action adverse possession affirmed alleged APPEAL assessment Attorney authority Bank Board of Supervisors bond cause charge Cited City and County claim committed complaint concurred Constitution contract conveyance corporation County of San Court of equity creditors cross-complaint deceased declarations decree deed defendant defendant's demurrer District ditch effect entitled error evidence execution facts fendant filed fraud granted habeas corpus Held hundred dollars indictment insolvent instructed the jury issued Judgment and order jurisdiction land lease lien ment MISJOINDER mortgage motion murder notice offense order denying owner paid parties person petition petitioner plaintiff pleadings possession premises proceedings PROMISSORY NOTE purchase question quiet title ranch recover Respondent RESULTING TRUST Sacramento County San Francisco Santa Clara County SHARPSTEIN Sonoma Valley statute sufficient Superior Court sustained tenants testimony thereof tion trial verdict void witness writ
Popular passages
Page 772 - Upon a trial for murder, the commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter, or that the defendant was justifiable or excusable.
Page 253 - ... no person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a grand jury.
Page 325 - All property, except as hereinafter in this section provided, shall be assessed in the county, city, city and county, town, township, or district in which it is situated, in the manner prescribed by law.
Page 330 - The boards of supervisors of the several counties of the State shall constitute boards of equalization for their respective counties, whose duty it shall be to equalize the...
Page 240 - That it creates an involuntary servitude forbidden by the thirteenth article of amendment; that it abridges the privileges and immunities of citizens of the United States ; that it denies to the plaintiffs the equal protection of the laws ; and that it deprives them of their property without due process of law, contrary to the provisions of the first section of the fourteenth article of amendment.
Page 376 - ... 5. That the offense was committed at some time prior to the time of finding the indictment ; 6. That the act or omission charged as the offense is clearly and distinctly set forth in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended ; •j.
Page 329 - A State Board of Equalization, consisting of one member from each Congressional District in this State, as the same existed in eighteen hundred and seventy-nine, shall be elected by the qualified...
Page 33 - Whenever, therefore, whether from personal incapacity, the nature of the contract, or any other cause, the contract is incapable of being enforced against one party, that party is equally incapable of enforcing it against the other, though its execution in the latter way might in itself be free from the difficulty attending its execution in the former.
Page 266 - Court for, the owner, and no right of way shall be appropriated to the use of any corporation other than municipal until full compensation therefor be first made in money or ascertained and paid into Court for the owner, irrespective of any benefit from any improvement proposed by such corpo-ration, which compensation shall be ascertained by a jury, unless a jury be waived, as in other civil cases in a Court of record, as shall be prescribed by law.
Page 595 - 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.