Reports of Cases Determined in the Supreme Court of the State of California, Volume 133Bancroft-Whitney, 1906 |
Contents
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Common terms and phrases
affirmed alleged amended amount answer appeal Appellant assessment attorney Bank cause of action charge Civil Procedure claim Code Civ Code of Civil Company complaint concurred constitution contract contractor corporation County of San court of equity deceased declared decree deed defendant defendant's deficiency judgment demurrer election equity estoppel evidence execution executors facts fendant filed finding foreclosure foregoing opinion Garoutte guardian Hanson Henshaw hundred dollars indictment injunction interest judgment and order jurisdiction jury land liability lien McFarland ment mortgage motion notice objection offense opinion the judg order denying owner paid parties payment person plaintiff pleadings possession proceedings promissory note prosecution provisions purpose question quiet title refused Respondent San Francisco San Joaquin County Santa Clara County statute sufficient suit Superior Court testified thereof thousand dollars tion Tirey L trial trust verdict void witness
Popular passages
Page 202 - Members of the Legislature, and all officers, executive and judicial, except such inferior officers as may be by law exempted, shall, before they enter upon the duties of their respective offices, take and subscribe the following oath or affirmation: " I do solemnly swear (or affirm, as the case may be,) that I will support the Constitution of the United States and the Constitution of the State of California, and that I will faithfully discharge the duties of the office of , according to the best...
Page 85 - 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 181 - In cases of uncertainty not removed by the preceding rules, the language of a contract should be interpreted most strongly against the party who caused the uncertainty to exist.
Page 54 - ... 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.
Page 483 - saving to suitors in all cases the right of a common-law remedy where the common law is competent to give it.
Page 614 - No corporation shall engage in any business other than that expressly authorized in its charter, nor shall it take or hold any real estate except such as may be necessary and proper for its legitimate business.
Page 392 - the rule for jurisdiction is that nothing shall be intended to be out of the jurisdiction of a superior court but that which specially appears to be so...
Page 301 - If the claim, or any part thereof, be secured by a mortgage or other lien which has been recorded in the office of the Recorder of the county in which the land affected by it lies, it shall be sufficient to describe the mortgage or lien, and refer to the date, volume, and page of its record.
Page 335 - If, after hearing the proofs, it appears either that no public offense has been committed or that there is not sufficient cause to believe the defendant guilty of a public offense, the magistrate shall order the complaint dismissed and the defendant to be discharged...
Page 82 - By actual possession is meant a subjection to the will and dominion of the claimant, and is usually evidenced by occupation — by a substantial inclosure — by cultivation, or by appropriate use, according to the particular locality and quality of the property.