Reports of Cases Determined in the Supreme Court of the State of California, Volume 84Bancroft-Whitney, 1906 - Law reports, digests, etc |
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Common terms and phrases
adverse possession affirmed alleged appeal appointed Arroyo Mocho assignment attorney authority cause of action certificate charge cited city and county Civil Procedure claim Code Civ Code of Civil complaint concurred constitute contract conveyance corporation counsel county of San court of equity creditors damages deceased deed defendant defendant's demurrer effect entitled error evidence facts favor fendant filed findings foregoing opinion forfeiture fraud grant ground held insolvent interest issue John Batten judge judgment and order jurisdiction jury land ment misjoinder mortgage motion objection order denying owner parties patent payment petition petitioner plaintiff pleadings possession premises proceedings prosecution purchase question quiet title quo warranto receiver record recover refused respondent reversed Rothermal rule San Francisco SHARPSTEIN statute stockholders sufficient Superior Court sustained testimony thereof thousand dollars tion transfer trial trust void witness writ of prohibition
Popular passages
Page 244 - Every mortgage or conveyance intended to operate as a mortgage of goods and chattels which shall hereafter be made which shall not be accompanied by an immediate delivery and followed by an actual and continued change of possession...
Page 228 - Every act shall embrace but one subject and matters properly connected therewith; which subject shall be expressed in the title. But if any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
Page 301 - ... a mortgage, deed of trust, contract, or other obligation by which a debt is secured when land is pledged...
Page 120 - An action may be brought by the attorney-general, in the name of the people of this state, upon his own information, or upon the complaint of a private party, against any person who usurps, intrudes into, or unlawfully holds or exercises any public office, civil or military, or any franchise within this state.
Page 389 - It may be issued by any court except police or justice's courts, to an inferior tribunal or to a corporation, board, or person, in all cases where there is not a plain, speedy and adequate remedy in the ordinary course of law.
Page 55 - Rescuing any person or property in the custody of an officer by virtue of an order or process of the court held by him ; 6.
Page 149 - It is a maxim not to be disregarded, that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit when the very point is presented for decision.
Page 164 - The provisions of this Title shall apply to aliens [being free white persons, and to aliens] of African nativity and to persons of African descent.
Page 33 - That in civil cases the affirmative of the issue must be proved, and when the evidence is contradictory the decision must be made according to the preponderance of evidence; that in criminal cases guilt must be established beyond reasonable doubt; 6.
Page 113 - We think these decisions establish the doctrine on " which we decide the present case, namely, that the acts " for which a Court of equity will on account of fraud set " aside or annul a judgment or decree, between the same " parties, rendered by a Court of competent jurisdiction, " have relation to frauds, extrinsic or collateral, to the mat' ' ter tried by the first Court, and not to a fraud in the mat" ter on which the decree was rendered.