Reports of Cases Determined in the Supreme Court of the State of California, Volume 146Bancroft-Whitney, 1906 |
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action affirmed agreement alleged amount Angeles Angellotti appeal appellant application assessment Bank bill of exceptions bond cause certificate Civil Procedure claim Code Civ Code of Civil Company complaint concurred constitution contract corporation County death deceased declared decree deed defendant defendant's demurrer ditch divorce dollars easement effect entitled estoppel evidence executed facts favor filed findings given granted grantor ground Henshaw homestead instruction interest interlocutory issued Judge judgment jurisdiction jury land lien lienholder lodge Lorigan Los Angeles Railway ment Merced County mortgage motion notice objection opinion order denying owner Pacific Electric Railway paid parties Paul Neumann payment petitioner plaintiff pleadings prior proceedings purchase question quitclaim deed reason record refused Respondent rule San Joaquin County Southern California Railway statute street sufficient Superior Court testimony therein thereof thereto tion trial valid void wife witness
Popular passages
Page 112 - Parties to a question in difference, which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any court which would have jurisdiction if an action had been brought...
Page 742 - If, from the report, it appears to the judge that the land claimed exceeds in value the amount of the homestead exemption, and that it cannot be divided, he must make an order directing its sale under the execution.
Page 498 - The court may determine any controversy between the parties before it, when it can be done without prejudice to the rights of others, or by saving their rights, but when a complete determination of the controversy cannot be had without the presence of other parties, the court must cause them to be brought in.
Page 152 - May, eighteen hundred and seventy-two, so long as they comply with the laws of the United States, and with State, territorial and local regulations not in conflict with the laws of the United States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines...
Page 210 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust...
Page 624 - ... any law, which in its operation amounts to a denial or obstruction of the rights accruing by a contract, though professing to act only on the remedy, is directly obnoxious to the prohibition of the Constitution.
Page vi - Court when so convened. The concurrence of four Justices present at the argument shall be necessary to pronounce a judgment in bank; but if four Justices, so present, do not concur in a judgment, then all the Justices qualified to sit in the cause shall hear the argument; but to render a judgment a concurrence of four Judges shall be necessary. In the determination of causes, all decisions of the Court in bank or in departments shall be given in writing, and the grounds of the decision shall be stated....
Page 695 - rests so fully in the discretion of the trial court, that its action is conclusive upon this court, unless it appears that there has been an abuse of discretion.
Page 201 - If there is any claim not due, or any contingent or disputed claim against the estate, the amount thereof, or such part of the same as the holder would be entitled to if the claim were due, established, or absolute, must be paid into court, and there remain, to be paid over to the party when he becomes entitled thereto; or, if he fails to establish his claim, to be paid over or distributed as the circumstances of the estate require.
Page 427 - The homestead consists of the dwelling house in which the claimant resides, and the land on which the same is situated, selected as in this title provided.