Reports of Cases Determined in the Supreme Court of the State of California, Nide 40Bancroft-Whitney, 1906 |
Kirjan sisältä
Tulokset 1 - 5 kokonaismäärästä 39
Sivu 33
... averment , unless upon the whole pleading it appears to have been so intended . VOL . XL . - 3 Argument for Appellants . TIDE LANDS . SALE OF . Oct. 1870. ] FARISH v . Coon . 33 City of Benicia, Carroll v 886 Clear Lake Water Co ...
... averment , unless upon the whole pleading it appears to have been so intended . VOL . XL . - 3 Argument for Appellants . TIDE LANDS . SALE OF . Oct. 1870. ] FARISH v . Coon . 33 City of Benicia, Carroll v 886 Clear Lake Water Co ...
Sivu 51
... aver- ment is not , and cannot possibly be true in respect to these tide lands . The United States Register for California had no authority in law to consent to the location of the war- rants on tide lands not the property of the United ...
... aver- ment is not , and cannot possibly be true in respect to these tide lands . The United States Register for California had no authority in law to consent to the location of the war- rants on tide lands not the property of the United ...
Sivu 53
... averment , unless upon the whole pleading it appears to have been so intended . After a careful consideration of the complaint , we are satis- fied it was not the intention of the pleader to aver it , as an independent fact , that the ...
... averment , unless upon the whole pleading it appears to have been so intended . After a careful consideration of the complaint , we are satis- fied it was not the intention of the pleader to aver it , as an independent fact , that the ...
Sivu 55
... averment , unless it satisfactorily appears to have been so intended by the pleader . In the preceding portions of ... aver- ment , it was true , that as to a portion of the land , one Weir had a brickyard upon it and depastured his ...
... averment , unless it satisfactorily appears to have been so intended by the pleader . In the preceding portions of ... aver- ment , it was true , that as to a portion of the land , one Weir had a brickyard upon it and depastured his ...
Sivu 57
... aver or show in the plaintiffs or their predecessors a possession adverse to the title of the State . But if it be assumed that the complaint contains a full and sufficient averment of an actual adverse possession for more than ten ...
... aver or show in the plaintiffs or their predecessors a possession adverse to the title of the State . But if it be assumed that the complaint contains a full and sufficient averment of an actual adverse possession for more than ten ...
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Yleiset termit ja lausekkeet
acquired admitted adverse possession alleged answer Argument for Appellant Argument for Respondent assessment authority averment Barb Board Brenham California Catherine Hayes cause of action citizens City and County claim Colus complaint concurring Congress Constitution contract convey conveyance corporation counsel County of San Court of equity CROCKETT damages debt decree deed defendant defendant's delivered the opinion demand demurrer District Court entitled equity evidence execution facts filed foreclosure grant ground held IDEM indictment injury intention Jimeno judgment jurisdiction jury legal title lien ment Mexican misjoinder mortgage motion negligence notice owner paid party patent payment person plaintiff pleadings possession Practice Act premises proceedings purchase question quiet title rendered RHODES rule San Francisco Section Sheriff Sheriff's deed SPRAGUE statement Statute of Limitations TEMPLE tide lands tion tract trial Trustees United valid verdict void WALLACE writ Yuba County
Suositut otteet
Sivu 312 - Our constitution declares a treaty to be the law of the land. It is, consequently, to be regarded in courts of justice as equivalent to an act of the legislature, whenever it operates of itself without the aid of any legislative provision. But when the terms of the stipulation import a contract, when either of the parties engages to perform a particular act, the treaty addresses itself to the political, not the judicial department; and the legislature must execute the contract before it can become...
Sivu 106 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Sivu 314 - The inhabitants of the ceded territory shall be incorporated in the Union of the United States, and admitted, as soon as possible, according to the principles of the federal constitution, to the enjoyment of all the rights, advantages, and immunities of citizens of the United States ; and, in the mean time, they shall be maintained and protected in the free enjoyment of their liberty, property, and the religion which they profess.
Sivu 326 - The Mexicans who, in the territories aforesaid, shall not preserve the character of citizens of the Mexican Republic, conformably with what is stipulated in the preceding article, shall be incorporated into the Union of the United States, and be admitted at the proper time (to be judged of by the Congress of the United States...
Sivu 323 - Mexico, and which remain for the future within the limits of the United States, as defined by the present treaty, shall be free to continue where they now reside, or to remove at any time to the Mexican republic, retaining the property which they possess in the said territories, or disposing thereof, and removing the proceeds wherever they please , without their being subjected on this account to any contribution, tax, or charge whatever. Those who shall prefer to remain in the said territories may...
Sivu 289 - This is plainly a contract to which the donors, the trustees, and the crown, (to whose rights and obligations New Hampshire succeeds,) were the original parties. It is a contract made on a valuable consideration. It is a contract for the security and disposition of property. It is a contract on the faith of which real and personal estate has been conveyed to the corporation. It is, then, a contract within the letter of the constitution, and within its spirit also...
Sivu 511 - Taxation shall be equal and uniform throughout the State. All property in this State shall be taxed in proportion to its value, to be ascertained as directed by law...
Sivu 120 - Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.
Sivu 45 - An act to appropriate the proceeds of the sales of the public lands, and to grant preemption rights...
Sivu 312 - Our Constitution declares a treaty to be the law of the land. It is, consequently to be regarded in the courts of justice, as equivalent to an act of the legislature, whenever it operates of itself without the aid of any legislative provision.