Reports of Cases Determined in the Supreme Court of the State of California, Volume 21Bancroft-Whitney, 1887 - Law reports, digests, etc |
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Common terms and phrases
action of ejectment affirmed agreement Alcalde alleged answer appeal applied assignment avers Burlingame cause of action Cited as authority City of San claim commenced common law complaint concurring contract conveyance corporation Court of Equity Court of Sessions Court-FIELD Covillaud creditors debt decision decree deed defendant delivered the opinion demurrer denied District Court dollars effect enforce entitled equity estopped estoppel evidence executed executor fact favor foreclosure fraud grant grantor held interest issued judgment Judicial District jury land Legislature liability lien mandamus Manuel Nieto ment mortgage Nieto NORTON objection paid parties payment person petition plaintiff pleadings portion possession Practice Act premises proceedings promissory note proof purchase money question rancho record recover replevin Respondent Rico rule San Francisco Sheriff Sheriff's deed statute subsequent sufficient suit survey tenant therein tion tract trial writ writ of assistance
Popular passages
Page 722 - Each of the Justices shall have power to issue writs of habeas corpus to any part of the State, upon petition by or on behalf of any person held in actual custody, and may make such writs returnable before himself, or the Supreme Court, or before any Superior Court in the State, or before any Judge thereof.
Page 98 - No estate or interest in lands, other than leases for a term not exceeding one year, nor any trust or power over or concerning lands, or in any manner relating thereto, shall hereafter be created, granted, assigned, surrendered, or declared, unless by act or operation of law, or by deed, or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering, or declaring the same, or by his lawful agent thereunto authorized by writing.
Page 331 - It is undoubtedly true, as a general rule, that the claimant in ejectment must recover upon the strength of his own title, and not upon the weakness of his adversary's...
Page 32 - Every claim which is due, when presented to the executor or administrator, must be supported by the affidavit of the claimant, or some one in his behalf, that the amount is justly due, that no payments have been made thereon which are not credited, and that there are no offsets to the same, to the knowledge of the affiant.
Page 721 - SECTION 1. The judicial power of this State shall be vested in a Supreme Court, in District Courts, in County Courts, and in Justices of the Peace.
Page 370 - If the city obtain money of another by mistake, or without authority of law, it is her duty to refund it— not from any contract entered into by her on the subject, but from the general obligation to do justice which binds all persons, whether natural or artificial.
Page 721 - Justices shall be necessary to transact any business in either of the departments, except such as may be done at chambers, and the concurrence of three Justices shall be necessary to pronounce a judgment.
Page 32 - Whatever signification then may be attached to the term "claims," standing by itself, it is evident that in the Probate Act it only has reference to such debts or demands against the decedent as might have been enforced against him in his lifetime by personal actions for the recovery of money, and upon which only a money judgment could have been rendered.
Page 486 - There is no doubt but that the express admissions of a party to the suit, or admissions implied from his conduct, are evidence— and strong evidence — against him ; but we think that he is at liberty to prove that such admissions were mistaken or were untrue, and that he is not estopped or concluded by them, unless another person has been induced by them to alter his condition : in such a case the party is estopped from disputing their (r) 9 B.
Page 724 - Judges shall not charge juries with respect to matters of fact, but may state the testimony and declare the law.