Reports of Cases Determined in the Supreme Court of the State of California, Band 9Bancroft-Whitney, 1858 |
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Seite 7
... decision of this Court , ordered that a pro rata dis- tribution of the money to the several creditors of Adams & Co. , be made . From which order and judgment , intervenors again appealed to this Court . The case was fully and ...
... decision of this Court , ordered that a pro rata dis- tribution of the money to the several creditors of Adams & Co. , be made . From which order and judgment , intervenors again appealed to this Court . The case was fully and ...
Seite 13
... decision , refusing the relief prayed for by the bill of intervention , it is only error , and the remedy is by appeal . Had that Court refused to confirm the report of the referee , the only remedy would have been by appeal . The ...
... decision , refusing the relief prayed for by the bill of intervention , it is only error , and the remedy is by appeal . Had that Court refused to confirm the report of the referee , the only remedy would have been by appeal . The ...
Seite 16
... decision of this Court went only to the merits of the case as it was stated upon the face of the com- plaint . If a different case could be made out by the plaintiff , he should have applied for leave to amend . As to whether , under ...
... decision of this Court went only to the merits of the case as it was stated upon the face of the com- plaint . If a different case could be made out by the plaintiff , he should have applied for leave to amend . As to whether , under ...
Seite 19
... decision thereon is final and conclusive . MANDAMUS . This was an application to this Court for a writ of mandamus , against the Judge of the Tenth Judicial District , to compel him to sign a bill of exceptions . Rowe & Mott for ...
... decision thereon is final and conclusive . MANDAMUS . This was an application to this Court for a writ of mandamus , against the Judge of the Tenth Judicial District , to compel him to sign a bill of exceptions . Rowe & Mott for ...
Seite 37
... decision in Palmer v . Melvin , ( 6 California R. , 651. ) In that case , the undertaking was executed for the purpose of releasing property from attachment , and the complaint was held defective in not alleging that the property ...
... decision in Palmer v . Melvin , ( 6 California R. , 651. ) In that case , the undertaking was executed for the purpose of releasing property from attachment , and the complaint was held defective in not alleging that the property ...
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action administrator admitted affirmed alleged allowed amount answer appeal applied assigned attachment authority bill brought cause charged claim common Company complaint Constitution contract counsel County debt decided decision decree deed defendant delivered denied District Court effect entered entitled equity error evidence execution exist express facts filed follows give given grant ground held hundred intended interest issued John Judge judgment judicial jurisdiction jury Justice land Legislature lien matter ment mortgage motion necessary notice objection opinion owner paid partnership party passed payment person plaintiff possession Practice premises present principle proceedings proper prove provision purchaser question reason received record recover reference refused rendered Respondent rule says sheriff sold statement statute sufficient suit taken tion trial true trust wife witness
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Seite 170 - There shall be neither slavery nor involuntary servitude in the said territory otherwise than in the punishment of crimes, whereof the party shall have been duly convicted; Provided, always, That any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid.
Seite 721 - American people are one; and the government which is alone capable of controlling and managing their interests, in all these respects, is the government of the Union. It is their government, and in that character they have no other. America has chosen to be, in many respects, and to many purposes, a nation; and for all these purposes her government is complete; to all these objects, it is competent.
Seite 266 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Seite 423 - The cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
Seite 400 - For the recovery of real property, or of an estate or interest therein, or for the determination, in any form, of such right or interest, and for injuries to real property; "2.
Seite 567 - And the space of time here referred to as comprehending the sickly season, shall be understood to extend from the first day of May to the first day of November.
Seite 166 - ... happiness and prosperity of its people, and to provide for its general welfare, by any and every act of legislation, which it may deem to be conducive to these ends; where the power over the particular subject, or the manner of its exercise is not surrendered or restrained, in the manner just stated, That all those powers which relate to merely municipal legislation, or what may perhaps, more properly be called internal police, are not thus surrendered or restrained; and that, consequently, in...
Seite 504 - That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences...
Seite 579 - All murder which is perpetrated by means of poison, or lying in wait, torture, or by any other kind of willful, deliberate, and premeditated killing, or which is committed in the perpetration or attempt to perpetrate arson, rape, robbery, burglary, or mayhem, is murder of the first degree; and all other kinds of murders are of the second degree.
Seite 158 - It is needless to enumerate Here the instances in which, by the general practice of civilized countries, the laws of the one will, by the comity of nations, be recognized and executed in another, where the rights of individuals are concerned.