Reports of Cases Determined in the Supreme Court of the State of California, Količina 68Bancroft-Whitney, 1906 |
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action was brought adverse possession affirmed alleged amended amount answer Appellant application assessment attorney Bank BELCHER board of supervisors Burton cause of action cause remanded city and county Civil Procedure claim Code Civ Code of Civil commenced complaint concurred contract county of San cross-complaint damages deceased deed defendant defendant's demurrer dismissed effect entered entitled error evidence executed facts favor February 25 fendant filed findings foregoing opinion held issues judge judgment and order jury justice land lien MCKEE MCKINSTRY ment mortgage motion MYRICK notice of appeal order denying order refusing paid parties payment person petitioner plaintiff pleadings Political Code possession premises probative facts proceedings purchase question recover Redwood City Respondent reversed Ross rule San Francisco Sanor SEARLS sheriff's deed statute of limitations sufficient Superior Court sureties sustained thereof tion trial verdict witness Yolo County
Priljubljeni odlomki
Stran 476 - 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.
Stran 196 - The powers of the Government of the State of California shall be divided into three separate departments — the legislative, executive, and judicial ; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any functions appertaining to either of the others, except as in this Constitution expressly directed or permitted.
Stran 422 - ... upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect...
Stran 4 - The principle is believed to be universal, that a prior lien gives a prior claim, which is entitled to prior satisfaction, out of the subject it binds, unless the lien be intrinsically defective, or be displaced by some act of the party holding it which shall postpone him in a Court of law or equity to a subsequent claimant.
Stran 294 - Any county, city, town, or township may make and enforce within its limits all such local, police, sanitary, and other regulations as are not in conflict with general laws.
Stran 14 - When part of an act, declaration, conversation, or writing is given in evidence by one party, the whole on the same subject may be inquired into by the other...
Stran 181 - A general verdict upon a plea of not guilty is either "guilty" or "not guilty," which imports a conviction or acquittal of the offense charged in the indictment. Upon a plea of a former conviction or acquittal of the same offense, it is either "for the people
Stran 424 - When the action is against two or more defendants, and the summons is served on one or more, but not on all of them, the plaintiff may proceed as follows...
Stran 371 - Where the unsuccessful party has been prevented from exhibiting fully his case, by fraud or deception practised on him by his opponent, as by keeping him away from court, a false promise of a compromise ; or where the defendant never had knowledge of the suit, being kept in ignorance by the acts of the plaintiff ; or where an attorney fraudulently or without authority assumes to represent...
Stran vi - Court when so convened. The concurrence of four Justices present at the argument shall be necessary to pronounce a judgment in bank; but if four Justices, so present, do not concur in a judgment, then all the Justices qualified to sit in the cause shall hear the argument; but to render a judgment a concurrence of four Judges shall be necessary. In the determination of causes, all decisions of the Court, in bank or in departments, shall be given in writing and the grounds of the decision shall be...