Pacific Coast Law Journal: Containing All the Decisions of the Supreme Court of California, and the Important Decisions of the U.S. Circuit and U.S. District Courts for the District of California, and of the U.S. Supreme Court and Higher Courts of Other States, Volume 1W.T. Baggett and Company, 1878 |
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Results 1-5 of 57
Page 7
... Justice of the Supreme Court , the adverse party having at least twenty days ' notice . ' ( 1 U. S. Stat . at L. , 84. ) The same section has a similar pro- vision for writs of error from the Supreme to the Circuit Court to review the ...
... Justice of the Supreme Court , the adverse party having at least twenty days ' notice . ' ( 1 U. S. Stat . at L. , 84. ) The same section has a similar pro- vision for writs of error from the Supreme to the Circuit Court to review the ...
Page 9
... Justice WAITE delivered the opinion of the Court . This was a suit in the nature of a bill in equity , commenced July 29 , 1876 , in a state court of California , by Keyes , the de- fendant in error , and the owner of certain ...
... Justice WAITE delivered the opinion of the Court . This was a suit in the nature of a bill in equity , commenced July 29 , 1876 , in a state court of California , by Keyes , the de- fendant in error , and the owner of certain ...
Page 11
... Justice Marshall , a case " may truly be said to arise under the Constitution or a law of the United States whenever its correct decision depends upon the construction of either , " ( Cohens vs. Virginia , 6 Wheat . , 379 , ) or when ...
... Justice Marshall , a case " may truly be said to arise under the Constitution or a law of the United States whenever its correct decision depends upon the construction of either , " ( Cohens vs. Virginia , 6 Wheat . , 379 , ) or when ...
Page 15
... Justice SWAYNE delivered the opinion of the Court . Upon analyzing this case as it is presented in the record the facts are found to be few and simple . Hartwell was cashier of the sub - treasury in Boston . He em- bezzled a large ...
... Justice SWAYNE delivered the opinion of the Court . Upon analyzing this case as it is presented in the record the facts are found to be few and simple . Hartwell was cashier of the sub - treasury in Boston . He em- bezzled a large ...
Page 18
... justice and equity to refund . The form of the indebtedness or the mode in which it was incurred is immaterial . Bayne et al . vs. The United States , 3 Otto . 643 . The United States must use due diligence to charge the en- dorsers of ...
... justice and equity to refund . The form of the indebtedness or the mode in which it was incurred is immaterial . Bayne et al . vs. The United States , 3 Otto . 643 . The United States must use due diligence to charge the en- dorsers of ...
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Common terms and phrases
action affidavit affirmative defense affirmed alleged amended amount answer appeal application April 22 attorney authority bank bill California cause remanded Circuit Court Civil Procedure claim Code common carriers complaint Congress Constitution contract corporation County creditors CURIAM damages decision decree deed defendant defendant's Delphi School demurrer denied District Court effect entitled error evidence executed fact fendant Filed April foreclosure grant held interest issued judge Judgment and order jurisdiction jury Justice letters testamentary liable lien March March 28 marriage ment mortgage motion negligence notice opinion owner paid party payment person plaintiff plaintiff in error pleadings possession premises Probate Court proceedings purchase question railroad receipt recover Remittitur forthwith rendered respondent reversed rule Section service of process Sheriff sheriff's deed sold statute suit Supreme Court tenant thereof tion trial United valid void writ
Popular passages
Page 276 - An act granting the right of way to ditch and canal owners over the public lands, and for other purposes...
Page 214 - And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district.
Page 382 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
Page 186 - An action may be brought by any person against another who claims an estate or interest in real property, adverse to him, for the purpose of determining such adverse claim...
Page 75 - Where a party gives a reason for his conduct and decision touching anything involved in a controversy, he cannot, after litigation has begun, change his ground, and put his conduct upon another and a different consideration. He is not permitted thus to mend his hold. He Is estopped from doing it by a settled principle of law.
Page 277 - That whenever by priority of possession rights to the use of water for mining, agricultural, manufacturing, or other purposes have vested and accrued and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same...
Page 486 - The principle is, that where the owner of two tenements sells one of them, or the owner of an entire estate sells a portion, the purchaser takes the tenement or portion sold with all the benefits and burdens which appear at the time of the sale to belong to it, as between it and the property which the vendor retains.
Page 498 - A pardon reaches both the punishment prescribed for the offense and the guilt of the offender; and when the pardon is full, it releases the punishment and blots out of existence the guilt, so that in the eye of the law the offender is as innocent as if he had never committed the offense.
Page 55 - Process from the tribunals of one state cannot run into another state, and summon parties there domiciled to leave its territory and respond to proceedings against them. Publication of process or notice within the state where the tribunal sits cannot create any greater obligation upon the nonresident to appear. Process sent to him out of the state, and process published within it, are equally unavailing in proceedings to establish his personal liability.
Page 437 - The governor shall have the power to grant reprieves, commutations and pardons after conviction, for all offenses, except treason and cases of impeachment, upon such conditions and with such restrictions and limitations as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons.