West Coast Reporter: Containing All the Decisions as Fast as Filed, of the Following Courts : United States Circuit and District Courts of Alaska, California, Colorado, Nevada, and Oregon, and the Supreme Courts of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming, Том 8A.L. Bancroft, 1886 |
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Страница 5
... charge correct in relation to the witness Rivinot , who testified that he was born in France and had voted , and there was no evidence tending to show that he had ever been naturalized . The judge in that case charged that the legal ...
... charge correct in relation to the witness Rivinot , who testified that he was born in France and had voted , and there was no evidence tending to show that he had ever been naturalized . The judge in that case charged that the legal ...
Страница 35
... charge of the court announced the law to be dif- ferent from what we have indicated it to be in this case , there was error . The judgment and order should be reversed and the cause re- manded for a new trial . BELCHER , C. C. , and ...
... charge of the court announced the law to be dif- ferent from what we have indicated it to be in this case , there was error . The judgment and order should be reversed and the cause re- manded for a new trial . BELCHER , C. C. , and ...
Страница 51
... charged with a constructive trust in favor of T. and McG . , and that it did not lie in the mouth of the M. Co. to say ... charge and consequences of laches . PLEADING OF LACHES , ETC. - No formed plea of the statute of the limitations ...
... charged with a constructive trust in favor of T. and McG . , and that it did not lie in the mouth of the M. Co. to say ... charge and consequences of laches . PLEADING OF LACHES , ETC. - No formed plea of the statute of the limitations ...
Страница 57
... charge and conse- quences of laches . In this case the defendant undertakes to set up the statute of limitations , as a statute of limitations , and , as such , a bar to the suit . It is claimed by complainant that the statute is in ...
... charge and conse- quences of laches . In this case the defendant undertakes to set up the statute of limitations , as a statute of limitations , and , as such , a bar to the suit . It is claimed by complainant that the statute is in ...
Страница 59
... charged as fraudulent . There is no charge of fraud in express terms . The acts may , nevertheless , appear to be fraudulent . The facts are stated to show in what manner the title was wrongfully obtained . It is not necessary for me to ...
... charged as fraudulent . There is no charge of fraud in express terms . The acts may , nevertheless , appear to be fraudulent . The facts are stated to show in what manner the title was wrongfully obtained . It is not necessary for me to ...
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adverse possession affirmed Alameda county alleged amended amount answer appeal appellant application attorney bond cause of action city and county civil procedure claim code of civil Colton complaint concurred constitution contract corporation counsel county of San court of equity creditors December 23 declared decree deed defendant demurrer duty entered in favor entitled equity error evidence executed facts Filed December Filed November granted held hundred dollars issue judgment and order jury land liable lien matter ment mortgage motion notice November 19 opinion order denying paid parties payment person plaintiff plaintiff in error pleadings possession premises proceedings purchase question reason recover respondent San Francisco Sanor sheriff's deed statute statute of limitations sufficient suit superior court supreme court sureties testimony thereof thousand dollars tion trial trust verdict West Coast Rep witness writ
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Страница 587 - 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.
Страница 651 - ... connected with the subject of the action. Section 127 of the Revised Code of Civil Procedure provides: "The counterclaim mentioned in the last section must be one existing in favor of a defendant, and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action : 1.
Страница 699 - The writ of injunction shall not be granted by any court of the United States to stay proceedings in any court of a State, except in cases where such injunction may be authorized by any law relating to proceedings in bankruptcy.
Страница 392 - Deceased, do make or cause to be made a true and perfect Inventory...
Страница 412 - The powers of the Government of the State of California shall be divided into three separate departments — the legislative, executive, and judicial ; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any functions appertaining to either of the others, except as in this Constitution expressly directed or permitted.
Страница 6 - The location must be distinctly marked on the ground so that its boundaries can be readily traced. All records of mining claims hereafter made shall contain the name or names of the locators, the date of the location, and such a description of the claim or claims located by reference to some natural object or permanent monument as will identify the claim.
Страница 726 - ... approved March twenty-second, eighteen hundred and eighty-two; but sections six, seven, and eight of said Act, and sections one, two, and twenty-six of an Act entitled "An Act to amend an Act entitled 'An Act to amend section fifty-three hundred and fifty-two of the Revised Statutes of the United States, in reference to bigamy, and for other purposes,' approved March twenty-second, eighteen hundred and eighty-two," approved March third, eighteen hundred and eightyseven, are hereby continued In...
Страница 38 - Except as otherwise provided in the next section every person transacting business in this state under a fictitious name and every partnership transacting business in this state under a fictitious name, or a designation not showing the names of the persons interested as partners in such business...
Страница 734 - No action for the recovery of real property, or for the recovery of the possession thereof, can be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grantor, was seised or possessed of the property in question, within twenty years before the commencement of the action.
Страница 161 - The principle is believed to be universal, that a prior lien gives a prior claim, which is entitled to prior satisfaction, out of the subject it binds, unless the lien be intrinsically defective, or be displaced by some act of the party holding it which shall postpone him in a Court of law or equity to a subsequent claimant.