Reports of Cases Determined in the Supreme Court of the State of California, Volume 23Bancroft-Whitney, 1906 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 31
... Court found " that at the time of the transfer and delivery of the note to Foster , Cook also assigned and delivered the mortgage to Foster to secure him in the payment of the $ 5,000 called for by the note . " This shows a special ...
... Court found " that at the time of the transfer and delivery of the note to Foster , Cook also assigned and delivered the mortgage to Foster to secure him in the payment of the $ 5,000 called for by the note . " This shows a special ...
Page 33
California. Supreme Court. Grattan v . Wiggins . next to Foster , as the holder of that part of the incumbrance to be first paid after Foster , and his rights , whatever they were , were afterwards ... COURT - JULY TERM , 1863 . 33.
California. Supreme Court. Grattan v . Wiggins . next to Foster , as the holder of that part of the incumbrance to be first paid after Foster , and his rights , whatever they were , were afterwards ... COURT - JULY TERM , 1863 . 33.
Page 34
... Court . ( Dominguez v . Dominguez , 7 Cal . 424 ; Green v . Covillaud , 10 Id . 329. ) But our Statute of Limitations applies to suits in equity as well as actions of law . While the English statute applied only to par- ticular forms of ...
... Court . ( Dominguez v . Dominguez , 7 Cal . 424 ; Green v . Covillaud , 10 Id . 329. ) But our Statute of Limitations applies to suits in equity as well as actions of law . While the English statute applied only to par- ticular forms of ...
Page 37
... Court of Equity to refuse them all aid , at least , until they had fully indemnified Fossatt and those claim- ing under him for all these expenditures . ( 1 Story's Equity , 385 , 388 ; Bryan v . Ramirez , 8 Cal . 467 ; Farley v ...
... Court of Equity to refuse them all aid , at least , until they had fully indemnified Fossatt and those claim- ing under him for all these expenditures . ( 1 Story's Equity , 385 , 388 ; Bryan v . Ramirez , 8 Cal . 467 ; Farley v ...
Page 42
... Court or of the parties to extend it beyond that time , and for the Court to declare that the lien shall not attach , where the transcript has been filed after two years from the date of the judgment , is virtually to repeal the statute ...
... Court or of the parties to extend it beyond that time , and for the Court to declare that the lien shall not attach , where the transcript has been filed after two years from the date of the judgment , is virtually to repeal the statute ...
Other editions - View all
Common terms and phrases
action to recover affidavit affirmed alleged amended amount answer appeal appeal bond applied assessed assigned avers cause of action Cited as authority claim commenced common carriers complaint Compton concurring contract conveyed County Court of Equity Court-NORTON creditors CROCKER damages debt decree deed defendant delivered the opinion delivery demurrer District Court dollars Duff duly entitled error estoppel evidence execution facts Fargo & Co filed foreclosure fraud ground held homestead interest issued judgment Judicial District jurisdiction jury land levied liable lien Mariposa County ment mining mortgage motion notice objection owner parties partnership payment plaintiff pleadings possession Practice Act premises proper provides purchaser question real estate record refusing rendered Respondent rule San Francisco San Joaquin County set-off Sheriff sold statute Statute of Frauds Statute of Limitations sufficient suit sustained taxes tenant therein tion tract trial valid verdict wife
Popular passages
Page 618 - An action for relief not hereinbefore provided for must be commenced within four years after the cause of action shall have accrued.
Page 250 - Court may change the place of trial in the following cases : 1. When the County designated for that purpose in the complaint is not the proper County ; 2. When there is reason to believe that an impartial trial cannot be had therein ; 3. When the convenience of witnesses and the ends of justice would be promoted by the change.
Page 468 - If an injunction be granted without notice, the defendant, at any time before the trial, may apply upon reasonable notice, to the judge who granted the injunction, or to the court in which the action is brought, to dissolve or modify the same.
Page 660 - The jury must also, at each adjournment of the court, whether permitted to separate or kept in charge of officers, be admonished by the court that it is their duty not to converse among themselves or with any one else on any subject connected with the trial, or to form or express any opinion thereon until the cause is finally submitted to them.
Page 52 - No estate or interest in lands, other than leases for a term not exceeding one year, nor any trust or power over or concerning lands, or in any manner relating thereto, shall hereafter be created, granted, assigned, surrendered, or declared, unless by act or operation of law, or by deed, or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering, or declaring the same, or by his lawful agent thereunto authorized by writing.
Page 176 - That whenever the United States shall be invaded, or be in imminent danger of invasion from any foreign nation or Indian tribe, it shall be lawful for the President of the United States, to call forth such number of the militia of the state or states most convenient to the place of danger or scene of action, as he may judge necessary to repel such invasion, and to issue his orders for that purpose, to such officer or officers of the militia as he shall think proper...
Page 213 - The land upon which any building, improvement or structure is constructed, together with a convenient space about the same, or so much as may be required for the convenient use and occupation thereof...
Page 633 - ... that it is their duty not to converse with, or suffer themselves to be addressed by any other person, on any subject of the trial, and that it is their duty not to form or express an opinion thereon until the case is finally submitted to them.
Page 632 - A person held to answer to a charge for a public offense, can take advantage of any objection to the panel or to an individual grand juror, in no other mode than that by challenge, as prescribed in the preceding sections.
Page 31 - ... not all due, so soon as sufficient of the property has been sold to pay the amount due, with costs, the sale must cease; and afterwards, as often as more becomes due, for principal or interest, the court may, on motion, order more to be sold. But if the property cannot be sold in portions, without injury to the parties, the whole may be ordered to be sold in the first instance, and the entire debt and costs paid, there being a rebate of interest where such rebate is proper.