Reports of Cases Determined in the Supreme Court of the State of California, Volume 11Bancroft-Whitney, 1886 |
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acquired action Administrator alleged allow amount answer APPEAL application attachment authority bill Board bond cause certificate cited claim common complaint concurring Constitution construction contract Court decided decision decree deed defendant delivered demand direct discharge District District Court ditch duty effect election entitled equity error evidence execution exists facts fixed give given Government grant ground hands held hold husband intention interest issue Judge judgment Judicial jurisdiction jury Justice land Legislature lien matter ment necessary notice objection obtained opinion owner parties passed payment person plaintiff possession present principle proceedings Public purchase question reason received record refused relator Respondent rule says Sheriff statute subsequent sufficient suit Supervisors Supreme Court sureties survey sustained taken term tion trial true United vacancy validity warrant writ
Populaire passages
Pagina 124 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Pagina 19 - Parties may agree in writing for the payment of any rate of interest whatever on money due or to become due on any contract. Any judgment rendered on such contract shall conform thereto, and shall bear the interest agreed upon by the parties, and which shall be specified in the judgment.
Pagina 188 - ... where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity ; or where is drawn in question the validity of a statute of, or an authority exercised under any state, on the ground of their being repugnant to the constitution, treaties, or laws of the United States, and the decision is in favor of their validity...
Pagina 294 - In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession or the value thereof, in case a delivery cannot be had, and damages for the detention. If the property has been delivered to the plaintiff, and the defendant claim a return thereof, judgment for the defendant may be for a return of the property or the value thereof, in case a return cannot be had, and damages for taking and withholding the same.
Pagina 260 - Real property shall be attached by leaving a copy of the writ with the occupant thereof; or if there be no occupant, by posting a copy in a conspicuous place thereon, and filing a copy, together with a description of the property attached, with the recorder of the county.
Pagina 244 - State of , the receipt whereof — do hereby acknowledge,have bargained, sold and quit-claimed, and by these presents do bargain, sell and quit-claim unto the said and to — heirs and assigns forever, all — right, title, interest, estate, claim and demand, both at law and in equity, and as well in possession as in expectancy, of, in and to the following described premises, to wit : [here insert description] with all and singular the hereditaments and appurtenances thereto belonging.
Pagina 399 - It is not bound to look beyond the decree. If there is error in it of the most palpable kind; If the court which rendered it have, in the exercise of Jurisdiction, disregarded, misconstrued, or disobeyed the plain provisions of the law which gave them the power to hear and determine the case before them — the title of a purchaser is as much protected as if the adjudication would stand the test of a writ of error. So where an appeal is given, but not taken In the time prescribed by law.
Pagina 378 - 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...
Pagina 355 - The correct rule of interpretation is, that if divers statutes relate to the same thing they ought to be taken into consideration in construing any one of them, and it is an established rule of law that all acts in pari materia are to be taken together as if they were one law.
Pagina 91 - As men whose intentions require no concealment generally employ the words which most directly and aptly express the ideas they intend to convey, the enlightened patriots who framed our constitution, and the people who adopted it, must be understood to have employed words in their natural sense, and to have intended what they have said.