Reports of Cases Determined in the Supreme Court of the State of California, Volume 26Bancroft-Whitney, 1906 |
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Page 21
... plaintiff's cause of action . He can allege the execution of the contract , its terms , and subsequent modification ... plaintiff . All the cases hold that in an action brought in general assumpsit , in conse- quence of a deviation from ...
... plaintiff's cause of action . He can allege the execution of the contract , its terms , and subsequent modification ... plaintiff . All the cases hold that in an action brought in general assumpsit , in conse- quence of a deviation from ...
Page 25
... plaintiff , and the defendant's defense to the action was an equitable one . She insisted on the trial that she had shown a right , by parol evi- dence of transactions between the plaintiff and her husband , to a legal title to the farm ...
... plaintiff , and the defendant's defense to the action was an equitable one . She insisted on the trial that she had shown a right , by parol evi- dence of transactions between the plaintiff and her husband , to a legal title to the farm ...
Page 26
... plaintiff's action was upon a note payable to himself as executor , given after the death of his testator . Defendant offered himself as a witness as to transactions between himself and plaintiff's testator . He was excluded , and the ...
... plaintiff's action was upon a note payable to himself as executor , given after the death of his testator . Defendant offered himself as a witness as to transactions between himself and plaintiff's testator . He was excluded , and the ...
Page 27
... plaintiff be said to represent Broderick , when he was at liberty to say he got no title from Broderick ? The plaintiff is as much bound by the estoppel as Broderick would be if he were plaintiff . ( Washburn on Real Property , Vol . 1 ...
... plaintiff be said to represent Broderick , when he was at liberty to say he got no title from Broderick ? The plaintiff is as much bound by the estoppel as Broderick would be if he were plaintiff . ( Washburn on Real Property , Vol . 1 ...
Page 126
... plaintiff's title to the premises is derived from the defendant , Dowling , by virtue of a purchase made by him at a sale on execution issued upon a judgment in Kohler v . Dowling , and that the Sheriff's deed passed to the plaintiff an ...
... plaintiff's title to the premises is derived from the defendant , Dowling , by virtue of a purchase made by him at a sale on execution issued upon a judgment in Kohler v . Dowling , and that the Sheriff's deed passed to the plaintiff an ...
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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...