Reports of Cases Determined in the Supreme Court of the State of California, Volume 50Bancroft-Whitney, 1876 |
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Results 1-5 of 90
Page 7
... ment , as in case of nonsuit , if the evidence introduced by the plaintiff conclusively establishes the defense of contributory negligence . APPEAL from the District Court , Third Judicial District , County of Alameda . The plaintiff ...
... ment , as in case of nonsuit , if the evidence introduced by the plaintiff conclusively establishes the defense of contributory negligence . APPEAL from the District Court , Third Judicial District , County of Alameda . The plaintiff ...
Page 10
... ment set up in the answer , and admitted that it rested in parol . The defendant objected on the ground that the in- strument sued on could not be varied or contradicted by parol evidence . The court below sustained the objection , and ...
... ment set up in the answer , and admitted that it rested in parol . The defendant objected on the ground that the in- strument sued on could not be varied or contradicted by parol evidence . The court below sustained the objection , and ...
Page 15
... ment , warrant and diagram . " All must be recorded before any lien exists , and the record must be of " said " assessment , etc. , made by the superintendent . Then , and not till then , is there a lien , and that lien is " upon the ...
... ment , warrant and diagram . " All must be recorded before any lien exists , and the record must be of " said " assessment , etc. , made by the superintendent . Then , and not till then , is there a lien , and that lien is " upon the ...
Page 29
... ment . Under the general issue pleaded , the defendant was at liberty to prove any fact going to show that the plaintiff had no right of entry upon this lot at the time of the com- mencement of the action , and the judgment below in his ...
... ment . Under the general issue pleaded , the defendant was at liberty to prove any fact going to show that the plaintiff had no right of entry upon this lot at the time of the com- mencement of the action , and the judgment below in his ...
Page 33
... ment , and the plaintiff appealed . The tract in controversy was between Larkin street and the charter line of 1851 , and was , therefore , subject to the provisions of the Van Ness Ordinance . The other facts are stated in the opinion ...
... ment , and the plaintiff appealed . The tract in controversy was between Larkin street and the charter line of 1851 , and was , therefore , subject to the provisions of the Van Ness Ordinance . The other facts are stated in the opinion ...
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Common terms and phrases
act of Congress administrator adverse possession affirmed alleged amended Argument for Appellant Argument for Respondent attorney authority averred Brewer & Co cause remanded Central Pacific Railroad City and County Civil Procedure claim Code of Civil commenced complaint contract conveyance conveyed corporation County of San court of equity creditors damages debt deceased decree deed defendant appealed District Court dollars ejectment entitled equity evidence execution executors fendant filed grant grantor homestead husband interest issued Judgment and order Judicial District jury lien ment mortgage motion Nathaniel Pryor opinion order denying owner party patent Paul Pryor payment person plaintiff plaintiff appealed possession Probate Court proceeding promissory note purchase question rancho recover Remittitur rendered road San Francisco sold Statement of Facts statute Statute of Limitations street survey swamp and overflowed tion tract trial trict undivided verdict void Western Pacific Railroad wife
Popular passages
Page 287 - ... if made by a person having at the time the possession or control of the property, and not accompanied by an immediate delivery, and followed by an actual and continued change of possession of the things transferred, to be fraudulent, and therefore void, against those who are his creditors while he remains in possession...
Page 100 - ... that a sum exceeding such bid at least ten per cent., exclusive of the expenses of a new sale, may be obtained, the court may vacate the sale and direct another to be had...
Page 507 - CD will appear and answer the charge above mentioned, in whatever court it may be prosecuted, and will at all times hold himself amenable to the orders and process of the court...
Page 406 - 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 65 - Now, Know ye, That the UNITED STATES OF AMERICA, in consideration of the premises, and in conformity, with the several Acts of Congress in such case made and provided, HAVE GIVEN AND GRANTED, and by these presents DO GIVE AND GRANT, unto the said Conrad B. Pack, and to his heirs, the said Tract above described...
Page 552 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page 234 - A witness may be impeached by the party against whom he was called, by contradictory evidence, or by evidence that his general reputation for truth is bad, or that his moral character is such as to render him unworthy of belief, but not by evidence of particular wrongful acts ; except that it may be shown by the examination of the witness, or the record of the judgment, that he has been convicted of a felony.
Page 65 - ... not sold, reserved, or otherwise disposed of by the United States, and to which a preemption or homestead claim may not have attached at the time the line of said road is definitely fixed...
Page 406 - ... far as the same can be ascertained, a description of all the real estate of which the testator or intestate died seized...
Page 597 - A will is an instrument by which a person makes a disposition of his property to take effect after his decease, and which is, in Its own nature, ambulatory and revocable during his life.