Reports of Cases Determined in the Supreme Court of the State of California, Volume 26Bancroft-Whitney, 1906 |
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Page 13
... evidence the intention of the parties to treat it as at an end , then the action is prematurely brought , and plaintiff cannot recover . This involves our second point , which is , that the action cannot be maintained in its present ...
... evidence the intention of the parties to treat it as at an end , then the action is prematurely brought , and plaintiff cannot recover . This involves our second point , which is , that the action cannot be maintained in its present ...
Page 14
... evidence , materially affect the note and mortgage clause in the original contract ; that , under the facts of the case , the plaintiff certainly had , as we contend , a right to treat the special contract as at an end , and commence ...
... evidence , materially affect the note and mortgage clause in the original contract ; that , under the facts of the case , the plaintiff certainly had , as we contend , a right to treat the special contract as at an end , and commence ...
Page 15
... evidence by either party only for the purpose of graduating the measure of damages , and not for the purpose of controlling the argument or fixing the time or method of compensation or the rate of interest . It could not be given in ...
... evidence by either party only for the purpose of graduating the measure of damages , and not for the purpose of controlling the argument or fixing the time or method of compensation or the rate of interest . It could not be given in ...
Page 21
... evidence the contract , and if it has not been wholly lost sight of in the services as performed , the rates and terms of compensation fixed in the contract will be the measure of damages , so far as the same can be traced in the ...
... evidence the contract , and if it has not been wholly lost sight of in the services as performed , the rates and terms of compensation fixed in the contract will be the measure of damages , so far as the same can be traced in the ...
Page 23
... evidence is intro- duced without objection , in the same manner as if it had been properly pleaded , and a verdict is rendered upon the evidence , without objection , the objection to the pleading will be deemed waived , and the case ...
... evidence is intro- duced without objection , in the same manner as if it had been properly pleaded , and a verdict is rendered upon the evidence , without objection , the objection to the pleading will be deemed waived , and the case ...
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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...