Reports of Cases Determined in the Supreme Court of the State of California, Volume 40Bancroft-Whitney, 1906 |
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Halaman 14
... cause of the injury . IDEM . It is not negligence , in a legal sense , for a farmer to leave the grass and stubble standing on his pasture and grain field along the side of which , and separated therefrom by a fence , a railroad passes ...
... cause of the injury . IDEM . It is not negligence , in a legal sense , for a farmer to leave the grass and stubble standing on his pasture and grain field along the side of which , and separated therefrom by a fence , a railroad passes ...
Halaman 17
... cause of every injury is an act - mere passiveness produces nothing . Where the act is , therefore , there is the cause of the injury . If the act is negligent , he who is the author of it must bear the blame ; for he is the author of ...
... cause of every injury is an act - mere passiveness produces nothing . Where the act is , therefore , there is the cause of the injury . If the act is negligent , he who is the author of it must bear the blame ; for he is the author of ...
Halaman 18
... cause of the injury , was defendant's negligence in running its train upon the road in an improper condition . RHODES , C. J. , delivered the opinion of the Court , TEM- PLE , J. , WALLACE , J. , and SPRAGUE , J. , concurring : The ...
... cause of the injury , was defendant's negligence in running its train upon the road in an improper condition . RHODES , C. J. , delivered the opinion of the Court , TEM- PLE , J. , WALLACE , J. , and SPRAGUE , J. , concurring : The ...
Halaman 19
... cause of the injury . The negligence in this case , which was the proximate cause of the destruction of the plaintiff's grain , was the leaving of the dry grass and weeds upon the rail- road , where it was liable to be set on fire by ...
... cause of the injury . The negligence in this case , which was the proximate cause of the destruction of the plaintiff's grain , was the leaving of the dry grass and weeds upon the rail- road , where it was liable to be set on fire by ...
Halaman 26
... cause it to vest in Josephi . The result of this maneuver ( and doubtless its purpose ) was to wrong Jennings out of the entire considera- tion he was to receive for the property which he had sold to the corporation . In pursuance of ...
... cause it to vest in Josephi . The result of this maneuver ( and doubtless its purpose ) was to wrong Jennings out of the entire considera- tion he was to receive for the property which he had sold to the corporation . In pursuance of ...
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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
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Halaman 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...
Halaman 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.
Halaman 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.
Halaman 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...
Halaman 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...
Halaman 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...
Halaman 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...
Halaman 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.
Halaman 45 - An act to appropriate the proceeds of the sales of the public lands, and to grant preemption rights...
Halaman 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.