Reports of Cases Determined in the Supreme Court of the State of California, Volume 52Bancroft-Whitney, 1906 |
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Results 1-5 of 100
Page 28
... facts , which we assume to be true . On these facts the petitioner asks for a peremptory writ of mandate to compel the Secretary of State to count the vote , not as it was declared by the Board of Supervisors , but as shown by the ...
... facts , which we assume to be true . On these facts the petitioner asks for a peremptory writ of mandate to compel the Secretary of State to count the vote , not as it was declared by the Board of Supervisors , but as shown by the ...
Page 41
... facts the contestant claims that he is entitled to the office , and should have judgment here to that effect . This claim is in argument put upon the ground that Dunbar , being ineligible , the votes cast for him , though amounting in ...
... facts the contestant claims that he is entitled to the office , and should have judgment here to that effect . This claim is in argument put upon the ground that Dunbar , being ineligible , the votes cast for him , though amounting in ...
Page 45
... facts are clearly settled , and the course which common prudence dictates can be readily discerned ; but when the facts are doubtful , or when they are such that it is doubtful whether the act imputed to the plaintiff as neg- ligence ...
... facts are clearly settled , and the course which common prudence dictates can be readily discerned ; but when the facts are doubtful , or when they are such that it is doubtful whether the act imputed to the plaintiff as neg- ligence ...
Page 46
... facts in the cause , which were established by uncontradicted evidence . These facts were that the defendant was the owner of a line of street cars , propelled by horses , in the City of Sacramento , and operated with a double track ...
... facts in the cause , which were established by uncontradicted evidence . These facts were that the defendant was the owner of a line of street cars , propelled by horses , in the City of Sacramento , and operated with a double track ...
Page 47
... facts there is no conflict in the evidence . The plaintiff claims , and there was evidence tending to prove , that the injury was caused by the neglience of the driver of the car , in approach- ing the cut at too rapid a gait , and ...
... facts there is no conflict in the evidence . The plaintiff claims , and there was evidence tending to prove , that the injury was caused by the neglience of the driver of the car , in approach- ing the cut at too rapid a gait , and ...
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Common terms and phrases
action affidavit alleged application Argument for Appellant Argument for Respondent assessment attorney authority averment Board of Supervisors California California Pacific Railroad cause remanded Central Pacific Railroad certificate of purchase City and County Civil Code Civil Procedure claim Clerk Code of Civil complaint contract conveyance conveyed corporation County of San declared deed defendant appealed demand demurrer District Court dollars duty election entitled estoppel evidence execution executor filed grant hundred IDEM interest issued John John Nash Judgment and order Judicial District jury Justice Land Office Legislature lien mandamus McKinstry ment Monterey County mortgage notice Opinion owner paid party patent payment person petition petitioner plaintiff possession premises Probate Court probative facts proceedings record recover Remittitur San Francisco Sheriff Spring Valley Statement of Facts statute Street survey thereof tion township trial trust votes writ
Popular passages
Page 146 - The powers of the Government of the State of California shall be divided into three separate departments — the legislative, executive, and judicial ; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any functions appertaining to either of the others, except as in this Constitution expressly directed or permitted.
Page 146 - It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debt by such municipal corporations...
Page 144 - All general laws and special acts passed pursuant to this section may be altered from time to time or repealed.
Page 223 - 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 336 - Title acquired by the mortgagor subsequent to the execution of the mortgage, inures to the mortgagee as security for the debt in like manner as if acquired before the execution.
Page 645 - If the debtor redeem, the effect of the sale is terminated, and he is restored to his estate.
Page 21 - The secretary of the board of directors must, as soon as the result is declared, enter on the records of such board a statement of such result, which statement must show: First.
Page 9 - The writ of mandamus may be denominated the writ of mandate.— 1873-345. 1085. It may be issued by any court, except a justice's or police court, to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station...
Page 198 - When the common seal of a corporation appears to be affixed to an instrument, and the signatures of the proper officers are proved, courts are to presume that the officers did not exceed their authority, and the seal itself is prima facie evidence that it was affixed by proper authority...
Page 643 - ... up to the time of redemption, together with the amount of any assessment or taxes which the purchaser may have paid thereon after purchase, and interest on such amount. And -if the purchaser be also a creditor, having a prior lien to that of the redemptioner, other than the judgment under which said purchase was made, the amount of such lien with interest.— 1897-41.