Reports of Cases Determined in the Supreme Court of the State of California, Volume 26Bancroft-Whitney, 1906 |
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Page 13
... cause of action are not stated here . The rule is laid down by Greenleaf on Evidence , Vol . 2 , section 104 : " In case of a special agreement , a party can only elect to sue on the common counts when he has fully performed on his part ...
... cause of action are not stated here . The rule is laid down by Greenleaf on Evidence , Vol . 2 , section 104 : " In case of a special agreement , a party can only elect to sue on the common counts when he has fully performed on his part ...
Page 18
... cause of action against the appellant at the commencement of the suit ; but if it was the duty of the appellant to make the tender , then a cause of action in some form did exist in favor of the respondent . A demand would not be ...
... cause of action against the appellant at the commencement of the suit ; but if it was the duty of the appellant to make the tender , then a cause of action in some form did exist in favor of the respondent . A demand would not be ...
Page 21
... cause of action in ordinary and concise language , thus destroying all mere technical rules and formal allegations . There is no difficulty , in a case like the present , in stating the facts constituting the plaintiff's cause of action ...
... cause of action in ordinary and concise language , thus destroying all mere technical rules and formal allegations . There is no difficulty , in a case like the present , in stating the facts constituting the plaintiff's cause of action ...
Page 23
... cause remanded for a new trial , with leave to the parties to amend their pleadings . Mr. Justice CURREY expressed no opinion . 64 ERWIN DAVIS v . BRIDGET DAVIS . THREE HUNDRED AND NINETY - THIRD SECTION OF PRACTICE ACT.- The word ...
... cause remanded for a new trial , with leave to the parties to amend their pleadings . Mr. Justice CURREY expressed no opinion . 64 ERWIN DAVIS v . BRIDGET DAVIS . THREE HUNDRED AND NINETY - THIRD SECTION OF PRACTICE ACT.- The word ...
Page 44
... cause of another's loss must lose . " In Lickbarrow v . Mason , 2 T. R. 70 , Mr. Justice Ashurst said : " Wherever ... causes a loss to another is not inno- cent , and it would have been improper for the Court to have charged the jury ...
... cause of another's loss must lose . " In Lickbarrow v . Mason , 2 T. R. 70 , Mr. Justice Ashurst said : " Wherever ... causes a loss to another is not inno- cent , and it would have been improper for the Court to have charged the jury ...
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Common terms and phrases
admitted affidavit Alameda County alleged Argument for Appellants Argument for Respondents attorney authority avers ballot cause of action Cited claims his vote common law complaint Constitution contract conveyance counsel county or district Court of equity creditor debt debtor declared deed defendant District Court effect election entitled estoppel evidence execution executor expressed fact fraud George Cadwalader Gimmy grant Hinckley instrument intent interest issue John Fuller Judge judgment Judicial jury Justice land Legislature meaning ment Mexican mortgage notice object Opinion of Sanderson paid parties patent payment person phrase plaintiff pleadings possession Practice Act premises Probate Court purchase purpose question reason received record recover rendered residence right of suffrage rule Sheriff's deed statute Statute of Frauds Statute of Limitations suit Supreme Court surety thirty days tide lands tion trial United verdict void wife witness words
Popular passages
Page 164 - For the purpose of voting, no person shall be deemed to have gained or lost a residence, by reason of his presence or absence, while employed in the service of the United States ; nor while engaged in the navigation of the waters of this state, or of the United States, or of the high seas ; nor while a student of any seminary of learning ; nor while kept at any almshouse, or other asylum, at public expense ; nor while confined in any public prison.
Page 225 - But it is not on slight implication and vague conjecture that the legislature is to be pronounced to have transcended its powers, and its acts to be considered as void. The opposition between the constitution and the law should be such that the judge feels a clear and strong conviction of their incompatibility with each other.
Page 180 - May, 1848, of the age of twenty-one years, who shall have been a resident of the State six months next preceding the election, and the county or district in which he claims his vote thirty days, shall be entitled to vote at all elections which are now or hereafter may be authorized by law...
Page 440 - Costs must be allowed of course to the defendant upon a judgment in his favor in the actions mentioned in section ten hundred and twenty-two, and in special proceedings.
Page 217 - ... he may offer his vote, shall be entitled to vote at such election in the election district of which he shall at the time be a resident, and not elsewhere, for all officers that now are or hereafter may be elective by the people...
Page 153 - When the judgment or order is reversed or modified, the appellate court may make complete restitution of all property and rights lost by the erroneous judgment or order...
Page 230 - Every white male citizen of the United States, of the age of twenty-one years, who shall have been a resident of the state one year next preceding the election, and of the county, township, or ward, in which he resides, such time as may be provided by law, shall have the qualifications of an elector, and be entitled to vote at all elections.
Page 584 - ... shall be receivable in payment of all taxes, internal duties, excises, debts, and demands of every kind due to the United States, except duties on imports, and of all claims and demands against the United States, of every kind whatsoever, except for interest on bonds and notes, which shall be paid in coin, and shall also be lawful money and a legal tender in payment of all debts, public and private, within the United States, except duties on imports and interest as aforesaid.
Page 122 - An Act to ascertain and settle the Private Land Claims in the State of California...
Page 584 - An act to authorize the issue of United States notes and for the redemption or funding thereof, and for funding the floating debt of the United States...