Reports of Cases Determined in the Supreme Court of the State of California, Band 9Bancroft-Whitney, 1858 |
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Seite 12
... granted , where there is an adequate remedy . Ex parte Lynch , 2 Hill , 45. Nor where writ of error , appeal , or certiorari will lie . People v . Collins , 19 Wend . , 60. A proper case for a writ of error , and not of mandamus ...
... granted , where there is an adequate remedy . Ex parte Lynch , 2 Hill , 45. Nor where writ of error , appeal , or certiorari will lie . People v . Collins , 19 Wend . , 60. A proper case for a writ of error , and not of mandamus ...
Seite 13
... granting or withholding the relief asked by the in- tervenors . The case made does not justify the remedy sought by mandamus , conceding that such a remedy is proper in a case where this Court directs the Court below to enter a ...
... granting or withholding the relief asked by the in- tervenors . The case made does not justify the remedy sought by mandamus , conceding that such a remedy is proper in a case where this Court directs the Court below to enter a ...
Seite 17
... granting a new trial . Judgment affirmed . SHERMAN v . ROLBERG . Where a party appealed from a Justice's Court to a County Court , and the justice ne- glected to send up with the record the notice of appeal : Held , that it was error to ...
... granting a new trial . Judgment affirmed . SHERMAN v . ROLBERG . Where a party appealed from a Justice's Court to a County Court , and the justice ne- glected to send up with the record the notice of appeal : Held , that it was error to ...
Seite 18
... granted on an ex parte application , was modified on motion of defendant , without notice to plaintiff , on defendants ' giving bond : Held , that subse- quent acts of defendant , in violation of the original injunction , were not in ...
... granted on an ex parte application , was modified on motion of defendant , without notice to plaintiff , on defendants ' giving bond : Held , that subse- quent acts of defendant , in violation of the original injunction , were not in ...
Seite 19
... granting an injunction restraining the defendant from working certain quartz - veins . After due service of the injunc- tion , the defendant , without notice to the plaintiff , applied for a modification of the order , which was granted ...
... granting an injunction restraining the defendant from working certain quartz - veins . After due service of the injunc- tion , the defendant , without notice to the plaintiff , applied for a modification of the order , which was granted ...
Inhalt
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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.