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action adverse possession affirmed alleged allowed amendment amount answer appellant apply authority called cause charged charter claim Code committed complaint concurred consideration constitution contract convey creditor debt decree deed defendant denying determine discharge dollars duty effect election entitled error established evidence execution existence facts filed findings follows further give given grant ground held instructions intent interest issue judge judgment jurisdiction jury justice land matter ment mortgage motion municipal necessary notice objection opinion owner paid party passed patent payment person petition plaintiff possession present proceedings proper purchase question reason received record recover refused Respondent rule San Francisco says secure Smith statute sufficient Superior Court taken testimony thereof thousand tion tract trial trust verdict witness
Stran 34 - One who gains a thing by fraud, accident, mistake, undue influence, the violation of a trust, or other wrongful act is, unless he has some other and better right thereto, an involuntary trustee of the thing gained, for the benefit of the person who would otherwise have had it.
Stran 97 - Parties or assignors of parties to an action or proceeding, or persons in whose behalf an action or proceeding is prosecuted, against an executor or administrator upon a claim, or demand against the estate of a deceased person, as to any matter of fact occurring before the death of such deceased person.
Stran viii - 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...
Stran 336 - No law shall be passed except by bill. Nor shall any bill be put upon its final passage until the same, with the amendments thereto, shall have been printed for the use of the members...
Stran 312 - May 30, 1848; thence running west and along said boundary line to the Pacific ocean, and extending therein three English miles; thence running in a northwesterly direction, and following the direction of the Pacific coast to the 42d degree of north latitude; thence on the line of said 42d degree of north latitude to the place of beginning.
Stran 336 - House, but may be amended or rejected by the other; and on the final passage of all bills they shall be read at length, and the vote shall be by yeas and nays upon each bill separately, and shall be entered on the Journal ; and no bill shall become a law without the concurrence of a majority of the members elected to each House.
Stran 32 - Jurisdiction is acquired in one of two modes : first, as against the person of the defendant, by the service of process; or, secondly, by a procedure against the property of the defendant within the jurisdiction of the court. In the latter case the defendant is not personally bound by the judgment, beyond the property in question. And it is immaterial whether the proceeding against the property be by an attachment or bill in chancery. It must be substantially a proceeding in rem.
Stran 459 - ... lands belonged to the United States, and provision had been made by law for their sale. If they never were public property, or had previously been disposed of, or if congress had made no provision for their sale, or had reserved them, the department would have no jurisdiction to transfer them ; and its attempted conveyance of them would be inoperative and void, no matter with what seeming regularity the forms of law may have been observed.
Stran 694 - AD eighteen , at the county of (here set forth the act or omission charged as an offense), contrary to the form, force, and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of California.
Stran 640 - the indictment must contain: (1) the title of the prosecution, specifying the name of the court, in which the indictment is presented, and the names of the parties; (2) a statement of the acts constituting the offense, in ordinary and concise language, and in such a manner as to enable a person of common understanding to know what is intended...