Reports of Cases Determined in the Supreme Court of the State of California, Том 14Bancroft-Whitney, 1906 |
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action affirmed alleged appeal applied assignment authority avers BALDWIN Biddle Boggs bill Board of Delegates bond cause of action certiorari Cited claim common law complaint Constitution contract convey conveyance Court of Equity Court of Sessions creditor damages debt decree deed defendant delivered the opinion demurrer dollars effect ejectment election entitled equity estopped estoppel evidence execution extended note facts Feather River filed foreclosure fraud Fremont grant ground held holding homestead husband interest issued Judge judgment jurisdiction jury lease legal title liable lien mandamus ment Merced Mining Meshaw mineral Mokelumne Hill mortgage mortgagor Noé notice objection owner parties patent payment person plaintiff pleadings possession premises principal proceedings proof provides public lands purchase question recover Respondent rule Sheriff Sheriff's deed statute sufficient suit Supreme Court sureties term tion trespass trial United vested Wend wife Yuba County
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Сторінка 225 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true : first, that the judgment of a Court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another Court...
Сторінка 365 - The rule of law is clear, that where one, by his words or conduct, wilfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things, as existing at the, same time...
Сторінка 374 - Mining Claims' proof shall be admitted of the customs, usages, or regulations established and in force at the bar, or diggings, embracing such claim ; and such customs, usages, or regulations, when not in conflict with the Constitution and Laws of this State, shall govern the decision of the action.
Сторінка 67 - the tenant's right to remove fixtures continues during his original term, and during such further period of possession by him, as he holds the premises under a right still to consider himself as tenant.
Сторінка 447 - An unconditional promise in writing to accept a bill before it is drawn is deemed an actual acceptance in favor of every person who, upon the faith thereof, receives the bill for value.
Сторінка 28 - the indictment must contain: (1) the title of the prosecution, specifying the name of the court, in which the indictment is presented, and the names of the parties; (2) a statement of the acts constituting the offense, in ordinary and concise language, and in such a manner as to enable a person of common understanding to know what is intended...
Сторінка 364 - There must be some degree of turpitude in the conduct of a party before a court of equity will estop him from the assertion of his title, the effect of the estoppel being to forfeit his property, and transfer its enjoyment to another.
Сторінка 78 - In the present case it is hardly necessary for me to define it ; because the facts here complained of are such, as fall within the most restricted definition of cruelty ; they affect not only the comfort, but they affect the health, and even the life of the party.
Сторінка 56 - ... 1. A copy of the docket of the judgment under which he claims the right to redeem, certified by the clerk of the court, or of the county where the judgment is docketed; or, if he redeem upon a mortgage or other lien, a note of the record thereof, certified by the recorder ; 2.
Сторінка 473 - In an action for the recovery of real property, where the plaintiff shows a right to recover at the time the action was commenced, but it appears that his right has terminated during the pendency of the action, the verdict and judgment must be according to the fact, and the plaintiff may recover damages for withholding the property.