Reports of Cases Determined in the Supreme Court of the State of California, Том 16Bancroft-Whitney, 1906 |
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action affirmed Alcalde alleged amount appeal apply assessment attorney authority averment California cause of action charter City of San claim Commissioners Common Council common law complaint Constitution contract conveyance corporation Court of Equity Court of Sessions debt decree deed defendant delivered the opinion demurrer District duty ejectment entitled equity estopped estoppel evidence execution facts filed foreclosure grant ground held homestead interest issued judgment jurisdiction juror jury Justice land lease Legislature lessee liability lien mandamus ment mortgage objection officers ordinance owner paid parties patent payment Payne & Dewey person petition plaintiff possession premises proceedings promissory note proof pueblo purchase question recover remedy remittitur rendered Respondent resulting trust rule Sacramento San Francisco Sheriff Sheriff's deed statute sufficient suit Supreme Court thereof tion tract trial valid void warrants Wend witness
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Сторінка 52 - The government of the United States has been emphatically termed a government of laws, and not of men. It will certainly cease to deserve this high appellation, if the laws furnish no remedy for the violation of a vested legal right.
Сторінка 567 - new grant.' since it is an undisputed principle, that the plaintiff must recover upon the strength of his own title, and not upon the weakness of his adversaries.
Сторінка 53 - The province of the court is, solely, to decide on the rights of individuals, not to inquire how the executive, or executive officers, perform duties in which they have a discretion. Questions in their nature political, or which are, by the constitution and laws, submitted to the executive, can never be made in this court.
Сторінка 42 - ... invested with certain important political powers, in the exercise of which he is to use his own discretion, and is accountable only to his country in his political character and to his own conscience. To aid him in the performance of these duties he is authorized to appoint certain officers, who act by his authority and in conformity with his orders. " ' In such cases their acts are his acts, and whatever opinion may be entertained of the manner in which executive discretion may be used, still...
Сторінка 302 - An act to appropriate the proceeds of the sales of the public lands, and to grant preemption rights...
Сторінка 572 - 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...
Сторінка 246 - Court below — that one of the defendants and not the plaintiff was the owner, and entitled to the possession of the property...
Сторінка 382 - A judgment is the final determination of the rights of the parties in the action or proceeding, and may be entered in term or vacation.
Сторінка 304 - ... in trust for the several use and benefit of the occupants thereof, according to their respective interests ; the execution of which trust, as to the disposal of the lots in such town, and the proceeds of the sales thereof, to be conducted under such regulations as may be prescribed by the legislative authority of the State or Territory in which the same may be situated.
Сторінка 134 - For the existence of a state of mind on the part of the juror in reference to the case, or to either of the parties, which will prevent him from acting with entire impartiality and without prejudice to the substantial rights of either party, which is known in this code as actual bias.