Reports of Cases Determined in the Supreme Court of the State of California, Band 20Bancroft-Whitney, 1906 |
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Seite 45
... action under the Forcible Entry and Unlawful Detainer Statute was thereupon commenced by and in the name of M. against D .: Held , that M. could not maintain the action by reason of his want of possession . An agent or servant having ...
... action under the Forcible Entry and Unlawful Detainer Statute was thereupon commenced by and in the name of M. against D .: Held , that M. could not maintain the action by reason of his want of possession . An agent or servant having ...
Seite 46
... action in his own name . L. Quint , for Appellant , cited Sedley v . Hays , 1 Cal . 160 ; 2 Greenleaf's Ev . Sec . 61 ; 1 Chitty's Plead . 62 and note ; Id . 59 ; Kercheval v . Ambler , 4 Dana , 166 . E. T. Hunter , for Respondent ...
... action in his own name . L. Quint , for Appellant , cited Sedley v . Hays , 1 Cal . 160 ; 2 Greenleaf's Ev . Sec . 61 ; 1 Chitty's Plead . 62 and note ; Id . 59 ; Kercheval v . Ambler , 4 Dana , 166 . E. T. Hunter , for Respondent ...
Seite 53
... action , a suit . Or , if it should be held that the term quo warranto includes this action , the statute would then be opposed to the constitutional provision before quoted . And so also does the other portion of the same section ...
... action , a suit . Or , if it should be held that the term quo warranto includes this action , the statute would then be opposed to the constitutional provision before quoted . And so also does the other portion of the same section ...
Seite 83
... action for forcible entry and unlawful de- tainer by the aid of the Act of 1852 concerning possessory actions , it is in- dispensable for the plaintiff to prove that the premises upon which the de- fendant entered are within the lines ...
... action for forcible entry and unlawful de- tainer by the aid of the Act of 1852 concerning possessory actions , it is in- dispensable for the plaintiff to prove that the premises upon which the de- fendant entered are within the lines ...
Seite 89
... action cannot be considered . Costs are merely incidental to the action , and constitute no part of the matter in dispute . To give this Court jurisdiction of an appeal in an action simply for money or damages , where no question as to ...
... action cannot be considered . Costs are merely incidental to the action , and constitute no part of the matter in dispute . To give this Court jurisdiction of an appeal in an action simply for money or damages , where no question as to ...
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action administrator affirmed alleged amount answer appeal applied appointment attorney authority averments California Cited city of San claim Clark commenced complaint conclusive Congress Constitution contract conveyance corporation County Clerk County of San Court of Chancery Court of Equity creditors debt decision declaration decree deed defendant delivered the opinion demurrer denying District Court dollars effect equity escheat evidence execution facts filed fraud Government grant heirs held interest issue Judge judgment Judicial District jurisdiction jury Justice land legal tender Legislature Lin Sing mandamus ment mortgage Napa County parties patent payment persons petition plaintiff possession premises Probate Court proceedings proof provisions purchase question real estate real property record rendered res judicata rule San Francisco Sheriff Sheriff's deed statute sufficient Supreme Court Table Mountain thereof tion trial trust United validity verdict void Washburn
Beliebte Passagen
Seite 317 - ... lawful money and a legal tender in payment of all debts, public and private, within the United States, except duties on imports and interest as aforesaid.
Seite 555 - ... that its abandonment ought not to be presumed in a case in which the deliberate purpose of the state to abandon it does not appear.
Seite 570 - It is sufficient for the present to say, generally, that when the importer has so acted upon the thing imported that it has become incorporated and mixed up with the mass of property in the country, it has, perhaps, lost its distinctive character as an import, and has become subject to the taxing power of the state...
Seite 227 - No action for the recovery of real property, or for the recovery of the possession thereof, shall be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grantor, was seized .or possessed of the premises in question within twenty years before the commencement of such action.
Seite 583 - Commerce, undoubtedly, is traffic, but it is something more, — it is intercourse. It describes the commercial intercourse between nations, and parts of nations, in all its branches, and is regulated by prescribing rules for carrying on that intercourse.
Seite 460 - ... first, that the judgment of a Court of concurrent jurisdiction directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another Court...
Seite 463 - But neither the judgment of a concurrent or exclusive jurisdiction is evidence of any matter which came collaterally in question, though within their jurisdiction, nor of any matter incidentally cognizable, nor of any matter to be inferred by argument from the judgment.
Seite 170 - That a final judgment or decree in any suit, in the highest Court of law or equity of a State in which a decision in the suit could be had, where is drawn in question the validity of a treaty, or statute of, or an authority exercised under, the United States, and the decision is against their validity...
Seite 102 - The act of incorporation is to them an enabling act; it gives them all the power they possess ; it enables them to contract, and when it prescribes to them a mode of contracting, they must observe that mode, or the instrument no more creates a contract than if the body had never been incorporated.
Seite 166 - ... the jury before whom any person indicted for murder shall be tried, shall, if they find such person guilty thereof...