Reports of Cases Determined in the Supreme Court of the State of California, Volume 139Bancroft-Whitney, 1903 |
Contents
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Common terms and phrases
adverse possession affidavit affirmed alleged amended amount Angellotti appellant attorney Bank bill of exceptions bond cause of action charge City and County Civil Code Civil Procedure claim Code of Civil complaint concurred constitution contract County of San court of equity creditor damages debt deceased deed defendant defendant's demurrer Dyke equity error evidence execution facts favor fendant filed finding given granted ground Henshaw hundred dollars indorsement insolvent instruction J.-This judge judgment and order jurisdiction jurors jury land lien Lorigan mandamus McFarland ment mortgage motion notice opinion order appealed order denying Ornelas owner paid party Patrick Dougherty payment person petitioner plaintiff pleaded possession proceeding question reason record refused Respondent rule San Francisco Santa Clara County Shaw statement statute sufficient Superior Court surety testator testified testimony thereof tion Tirey L trial verdict witness
Popular passages
Page 207 - The result is a conviction that the States have no power, by taxation or otherwise, to retard, impede, burden, or in any manner control, the operations of the constitutional laws enacted by Congress to carry into execution the powers vested in the general government.
Page 121 - In all criminal prosecutions for libels, the truth may be given in evidence to the jury ; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted ; and the jury shall have the right to determine the law and the fact.
Page vi - ... justices, so present, do not concur in a judgment, then all the justices qualified to sit in the cause shall hear the argument ; but to render a judgment a concurrence of four judges shall be necessary.
Page 57 - ... duly given or made. If such allegation be controverted, the party pleading must establish on the trial the facts conferring jurisdiction.
Page 601 - Perjury and treason must be proved by testimony of more than one witness. Treason by the testimony of two witnesses to the same overt act; and perjury by the testimony of two witnesses, or one witness and corroborating circumstances.
Page 589 - In the order that it was made upon the ground of excessive damages, appearing to have been given under the influence of passion and prejudice.
Page 89 - ... the testator, such issue shall take the estate so given by the will, in the same manner...
Page 642 - Where a trust is created to receive the rents and profits of real property, and no valid direction for accumulation is given, the surplus of such rents and profits, beyond the sum that may be necessary for the education and support of the person for whose benefit the trust is created, is liable to the claims of the creditors of such person, in the same manner as personal property which cannot be reached by execution.
Page 484 - A child conceived, but not yet born, is to be deemed an existing person, so far as may be necessary for its interests in the event of its subsequent birth...
Page 335 - ... policy, either to continue the insurance of the policy in force at its full amount so long as such single premium will purchase temporary insurance for that amount, at the age of the insured at the time of lapse, or...