Reports of Cases Determined in the Supreme Court of the State of California, Volume 170Bancroft-Whitney, 1916 - Law reports, digests, etc |
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Common terms and phrases
adverse possession affidavit agreement alleged amended Angeles answer appellant attorney bank bond California cause of action Civil Code Civil Procedure claim client Code of Civil commission complaint concurred contract corporation damages death deceased decedent declared decree deed defendant defendant's demurrer district Donnellan entitled evidence executed facts filed findings fraud granted guaranty Henshaw Higgins inheritance tax inventory irrigation Jarmuth Judge judgment jury land Lorigan Manson matter ment opinion order denying ordinance owner paid parties payment person petitioner plaintiff present probate proceedings Public Utilities Act purchase purpose question quiet title reason refusing Respondent rule Sacramento Valley San Francisco San Pablo Avenue Santa Cruz Shaw Sloss statute stockholders street sufficient Superior Court sustained testator testified testimony therein thereof thousand dollars tion treasury stock trial court trust witness
Popular passages
Page 692 - A person has no property, no vested interest, in any rule of the common law. That is only one of the forms of municipal law, and is no more sacred than any other. Rights of property which have been created by the common law cannot be taken away without due process; but the law irself, as a rule of conduct, may be changed at the will, or even at the whim, of the legislature, unless prevented by constitutional limitations. Indeed, the great office of statutes is to remedy defects in the common law...
Page 747 - Actions for the recovery of any property, real or personal, or for the possession thereof, or to quiet title thereto, or to determine any adverse claim thereon, and all actions founded upon contracts, may be maintained by and against executors and administrators in all cases in which the same might have been maintained by or against their respective testators or intestates.
Page 527 - The common law of England, so far as it is not repugnant to, or inconsistent with the Constitution and laws of the United States, or the bill of rights or laws of this Territory, is hereby adopted, and shall be the rule of decision in all the courts of this Territory.
Page 64 - The review shall not be extended further than to determine whether the commission has regularly pursued its authority, including a determination of whether the order or decision under review violates any right of the petitioner under the constitution of the United States or of the State of California.
Page 690 - ... to prescribe regulations to promote the health, peace, morals, education, and good order of the people, and to legislate so as to increase the industries of the state, develop its resources and add to its wealth and prosperity.
Page 276 - Governor, and if he approve, he shall sign it; if not, he shall return it with his objections to the house, in which it shall have originated, which shall enter the objections at large on its journals, and proceed to reconsider it.
Page 46 - Lineal and collateral warranties, with all their incidents, are abolished; but the heirs and devisees of every person who has made any covenant or agreement in reference to the title of, in, or to any real property, are answerable upon such covenant or agreement to the extent of the land descended or devised to them, in the cases and in the manner prescribed by law.
Page 734 - If the property has not been resold in the manner prescribed by section three thousand and forty-nine, the excess, if any, of the amount due from the buyer, under the contract, over the value to the seller...
Page 202 - All contracts which have for their object, directly or indirectly, to exempt any one from responsibility for his own fraud, or willful injury to the person or property of another, or violation of law, whether willful or negligent, are against the policy of the law.
Page 317 - ... the cost of which will be too great to be paid out of the ordinary annual income...