Reports of Cases Determined in the Supreme Court of the State of California, Band 78Bancroft-Whitney, 1906 |
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adverse possession affidavit affirmed alleged amount answer appeal assignment attorney authority aver cause of action charge city and county Civil Procedure claim Code of Civil complaint concurred constitution contract conveyance counsel county of San creditors damages debt deceased deed defendant defendant's demurrer eminent domain entitled evidence execution facts fendant filed findings fraud ground homestead husband injury insolvent instruction issue judge judgment and order jurisdiction jury land liable lien MCFARLAND ment misjoinder mortgage motion negligence notice opinion order denying owner paid party patent payment person Placer County plain plaintiff pleading possession presented probative facts purchase purpose question quiet title railroad reason RESPONDENT road Robin Island rule San Francisco SHARPSTEIN statute SUBROGATION sufficient Superior Court sustained thereof THORNTON thousand dollars tiff tion tract trial Tuolumne County verdict void wife witness writ
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Seite 595 - All records of mining claims hereafter made shall contain the name or names of the locators, the date of the location, and such a description of the claim or claims located by reference to some natural object or permanent monument as will identify the claim.
Seite 567 - ... no person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a grand jury.
Seite 536 - A contract is an agreement to do or not to do a certain thing.
Seite 335 - When the jury has separated without leave of the court, after retiring to deliberate upon their verdict, or been guilty of any misconduct by which a fair and due consideration of the case has been prevented; 4.
Seite 277 - America, to him in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does by these presents grant, bargain, sell, convey, and confirm unto the said party of the second part, and to his heirs and assigns forever, [here give description of property].
Seite 616 - ... to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance, and the subject of an action. Such action may be brought by any person whose property is injuriously affected, or whose personal enjoyment is lessened by the nuisance ; and by the judgment, the nuisance may be enjoined or abated, as well as damages recovered.
Seite 616 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Seite 184 - In pleading the performance of conditions precedent in a contract, it shall not be necessary to state the facts showing such performance ; but it may be stated generally that the party duly performed all the conditions on his part...
Seite vii - There shall be two departments, denominated, respectively. Department One and Department Two. The Chief Justice shall assign three of the Associate Justices to each department, and such assignment may be changed by him from time to time. The Associate Justices shall be competent to sit in either department, and may interchange with each other by agreement among themselves or as ordered by the Chief Justice.
Seite 534 - In the following cases the agreement is invalid, unless the same or some note or memorandum thereof be in writing, and subscribed by the party charged, or by his agent.