Reports of Cases Determined in the Supreme Court of the State of California, Volume 83Bancroft-Whitney, 1906 |
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Halaman 8
... defendants , if they had properly pleaded it as a counterclaim , might have been allowed to reduce the stipulated rent by the amount of damage sustained . But they neither aver that they were dam- 8 [ Sup . Ct . HOLTON V. NOBLE .
... defendants , if they had properly pleaded it as a counterclaim , might have been allowed to reduce the stipulated rent by the amount of damage sustained . But they neither aver that they were dam- 8 [ Sup . Ct . HOLTON V. NOBLE .
Halaman 20
... allowed to remain in an unsafe condition till the accident complained of occurred . " Paragraph 5 is as follows : - " That notwithstanding said unsafe condition of said track , the defendant , without exercising any care in the running ...
... allowed to remain in an unsafe condition till the accident complained of occurred . " Paragraph 5 is as follows : - " That notwithstanding said unsafe condition of said track , the defendant , without exercising any care in the running ...
Halaman 21
... the complaint goes upon the theory that the injury was caused by the reckless speed with which the train was allowed to ap- proach the washout , and the negligence and misconduct of Feb. 1890. ] VAUGHN V. CALIFORNIA CENT . R'Y Co. 21.
... the complaint goes upon the theory that the injury was caused by the reckless speed with which the train was allowed to ap- proach the washout , and the negligence and misconduct of Feb. 1890. ] VAUGHN V. CALIFORNIA CENT . R'Y Co. 21.
Halaman 34
... allowed , subject to the preference right of the defendant herein to enter said land under the soldiers ' and sailors ' homestead act . From that decision Ward appealed to the Secretary of the Interior , whose action thereon is not ...
... allowed , subject to the preference right of the defendant herein to enter said land under the soldiers ' and sailors ' homestead act . From that decision Ward appealed to the Secretary of the Interior , whose action thereon is not ...
Halaman 35
... allowed , subject to defendant's preference right to enter the same ; 3. That if plaintiff's claim of settlement should be found unfounded in fact , then the application of said Ward to enter said land under the timber - culture law ...
... allowed , subject to defendant's preference right to enter the same ; 3. That if plaintiff's claim of settlement should be found unfounded in fact , then the application of said Ward to enter said land under the timber - culture law ...
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Istilah dan frasa umum
adverse adverse possession affirmed alleged appeal application attorney averment cause of action Civil Procedure Code Civ Code of Civil complaint concurred constitution contract convey counsel county of San creditors cross-complaint damages decree deed defendant defendant's dismiss dollars easement effect EMINENT DOMAIN end lines entitled evidence execution facts fendant filed finding foreclosure George Nidever grant ground homestead husband interest issue judge judgment and order jury Kaweah River land land-office lien lode MCFARLAND ment mining claim mortgage motion notice opinion order denying owner paid party payment person petition petitioner plaintiff pleadings possession premises proceedings provisions purchase question quiet title railroad reason record refused remittitur respondent rule San Joaquin County SHARPSTEIN statute sufficient Superior Court taxes thereof tion tract trial Tuolumne County vein votes West Bullion wife writ writ of assistance
Bagian yang populer
Halaman 589 - States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and of all veins, lodes and ledges throughout their entire depth, the top or apex of which lies inside of such surface lines extended downward vertically, although such veins, lodes or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of such surface locations...
Halaman 562 - Belief [Venue] , being duly sworn, deposes and says that he is the plaintiff in the within entitled action, that he has read the foregoing complaint and knows the contents thereof; and that the same is true of his own knowledge, except as to matters therein stated to be alleged on information and belief and as to those matters he believes it to be true.
Halaman 141 - ... during the marriage or afterwards, be, without the consent of the other, examined as to any communication made by one to the other during the marriage; but this exception does not apply to a civil action or proceeding by one against the other...
Halaman 402 - The General Assembly shall not pass local or special laws in any of the following enumerated cases, that is to say : Regulating the jurisdiction and duties of justices of the peace and of constables; For the punishment of crimes and misdemeanors; Regulating the practice in courts of justice...
Halaman 493 - A corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occurs...
Halaman 278 - Either husband or wife may enter into any engagement or transaction with the other, or with any other person, respecting property, which either might if unmarried; subject, in transactions between themselves, to the general rules which control the actions of persons occupying confidential relations with each other, as defined by the title on trusts.
Halaman 233 - Trial by jury may be waived by the several parties, to an issue of fact, in actions on contract; and, with the assent of the court, in other actions, in the manner following . 1. By failing to appear at the trial. 2. By written consent, in person or by attorney, filed with the clerk. 3. By oral consent in open court, entered in the minutes.
Halaman 232 - Every direction of a court or judge, made or entered in writing, and not included in a judgment, is denominated an order.
Halaman 402 - All property in the State shall be taxed in proportion to its value...
Halaman 177 - The burden of showing a want of consideration sufficient to support an instrument lies with the party seeking to invalidate or avoid it.