A Digest of the Decisions of the Supreme Court of the State of California: Contained in the Sixteen Volumes of Reports, from the Formation of the Court, in 1850, Until January, 1861, with a Complete List of Cases Affirmed, Reversed, Qualified, Commented Upon, Or Abrogated by Statute, Band 1
H. H. Bancroft, 1861 - 1136 Seiten
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9 Cal action administrator admissible affirmed agent agreement alleged allowed amendment amount answer appeal assignment attachment attorney authority averment bill bond cause charge claim common complaint condition consideration constitution contract conveyance corporation court creditors damages debt decree deed defendant demand denied district effect ejectment election entitled equity error evidence execution fact filed fraud give given grant ground held husband injunction interest issue judge judgment jurisdiction jury land liable lien matter ment mortgage motion necessary notice objection original owner paid party passed payment person plaintiff pleadings possession premises proceedings proof proper prove purchase question received record recover referred refused rule San Francisco sheriff Smith statute subsequent sufficient suit supreme court taken third tion trial unless void wife witness
Seite 428 - 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.
Seite 382 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Seite 167 - 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...
Seite 190 - The right of trial by jury shall be secured to all, and remain inviolate ; but in civil actions three-fourths of the jury may render a verdict.
Seite 253 - The powers of the government of the state of California shall be divided into three separate departments: The legislative, the 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 in the cases hereinafter expressly directed or permitted.
Seite 219 - The causes of action so united must all belong to one only of these classes, and must affect all the parties to the action, and not require different places of trial, and must be separately stated...
Seite 322 - To hold, purchase and convey such real and personal estate, as the purposes of the corporation shall require, not exceeding the amount limited in its charter:
Seite 253 - To an appropriation within the meaning of the constitution, nothing more is requisite than a designation of the amount, and the fund out of which it shall be paid.