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 39
... denying that they acquired any title under it . By taking the deed they neither parted with nor lost any rights they had acquired under Fossatt , and by lapse of time either as against Berrian or the rep- resentatives of Cook ; nor did ...
... denying that they acquired any title under it . By taking the deed they neither parted with nor lost any rights they had acquired under Fossatt , and by lapse of time either as against Berrian or the rep- resentatives of Cook ; nor did ...
Page 44
... deny- ing defendants ' motion , and granting the motion of the intervenor , adding , " or that the judgment be ... denied , and that of the intervenor be granted . From this judgment and these orders , the defendants appeal ; and ...
... deny- ing defendants ' motion , and granting the motion of the intervenor , adding , " or that the judgment be ... denied , and that of the intervenor be granted . From this judgment and these orders , the defendants appeal ; and ...
Page 63
... denial of any of the material facts stated in the complaint , which the defendant believes to be untrue , and also a statement , in a plain and direct manner , of any other facts constituting a defense or counter claim , upon which an ...
... denial of any of the material facts stated in the complaint , which the defendant believes to be untrue , and also a statement , in a plain and direct manner , of any other facts constituting a defense or counter claim , upon which an ...
Page 67
... denied , I believe , by all the authorities , and certainly by the two here quoted . ( Green v . Armstrong , 1 Denio , 554 ; Bank of v . Crary , 1 Barb . , S. C. , 544. ) The second ground for nonsuit was , that there was no delivery ...
... denied , I believe , by all the authorities , and certainly by the two here quoted . ( Green v . Armstrong , 1 Denio , 554 ; Bank of v . Crary , 1 Barb . , S. C. , 544. ) The second ground for nonsuit was , that there was no delivery ...
Page 72
... deny- ing that the lots of land in controversy at the time of the levy and sale by the Sheriff , were the separate property of the defendant Sarah Pehl , and as such , liable for debts contracted by her as scle trader . The third ...
... deny- ing that the lots of land in controversy at the time of the levy and sale by the Sheriff , were the separate property of the defendant Sarah Pehl , and as such , liable for debts contracted by her as scle trader . The third ...
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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.