Reports of Cases Determined in the Supreme Court of the State of California, Volume 23Bancroft-Whitney, 1906 - Law reports, digests, etc |
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Page 18
... complaint . Rebecca Grattan was the widow and heir at law of Grove C. Cook , but she was not an administratrix of the estate ; the administra- tors alone ( Hall & Huggins ) had the right to maintain a suit . respecting the matters set ...
... complaint . Rebecca Grattan was the widow and heir at law of Grove C. Cook , but she was not an administratrix of the estate ; the administra- tors alone ( Hall & Huggins ) had the right to maintain a suit . respecting the matters set ...
Page 24
... complaint in this case prays for a personal judgment against Wiggins for the amount of these unpaid notes . Wiggins appeared Grattan v . Wiggins . and demurred to the complaint 24 SUPREME COURT - JULY TERM , 1863 .
... complaint in this case prays for a personal judgment against Wiggins for the amount of these unpaid notes . Wiggins appeared Grattan v . Wiggins . and demurred to the complaint 24 SUPREME COURT - JULY TERM , 1863 .
Page 52
... complaint avers that about the second day of April , 1861 , plaintiff , Francis McCue , purchased of one Flesham a lot of land , for which he paid said Flesham three hundred and fifty dollars , and that after the purchase Michael McCue ...
... complaint avers that about the second day of April , 1861 , plaintiff , Francis McCue , purchased of one Flesham a lot of land , for which he paid said Flesham three hundred and fifty dollars , and that after the purchase Michael McCue ...
Page 64
... complaint , on the grounds that it did not state facts sufficient to constitute a cause of action , and that several causes of action had been improperly united . The Court overruled the demurrer , and rendered judgment against the ...
... complaint , on the grounds that it did not state facts sufficient to constitute a cause of action , and that several causes of action had been improperly united . The Court overruled the demurrer , and rendered judgment against the ...
Page 66
... complaint averred the sale of barley and wheat to defendant at his request , and his promise to pay therefor . The answer was a specific denial of each allegation . Cobb and Tyler , for Appellant . No delivery alleged , and nothing ...
... complaint averred the sale of barley and wheat to defendant at his request , and his promise to pay therefor . The answer was a specific denial of each allegation . Cobb and Tyler , for Appellant . No delivery alleged , and nothing ...
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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.