The Pacific Reporter, Volume 16West Publishing Company, 1888 |
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Common terms and phrases
action affidavit affirmed alimony alleged answer Appeal from superior appellant assignment attorney authority cause certificate charge Civil Code claim Code Civil commenced commissioners common law complaint concur consent contract counsel Court of California court of equity creditors damages decree deed defendant in error defendant's demurrer district court Douglas county duty entitled evidence execution fact filed Fresno county grant ground held husband injury instructions issue Judge judgment jury justice Kansas land lease lien marriage ment mortgage motion N. W. Rep notice objection officer overruled owner paid parties patent payment person petition plaintiff in error possession premises proceedings purchase question quiet title reason record recover refused rendered replevin respondent rule Rush county statute statute of limitations sufficient superior court Supreme Court testimony thereof tion trial verdict wife William Sharon witness writ
Popular passages
Page 288 - ... unless the agreement, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 388 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
Page 193 - A cause of action, arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Page 250 - 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...
Page 27 - Before filing such location certificate the discoverer shall locate his claim by first sinking a discovery shaft upon the lode to the depth of at least ten feet from the lowest part of the rim of such shaft at the surface, or deeper, if necessary to show a well defined crevice. Second, by posting at the point of discovery...
Page 311 - The powers of the government of this state are divided into three distinct departments — the legislative, executive and judicial— and no person, or collection of persons, charged with the exercise of powers properly belonging to one of these departments, shall exercise any power properly belonging to either of the others, except as in this constitution expressly directed or permitted.
Page 196 - Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section one hundred and thirteen ; but this section shall not be deemed to authorize the assignment of a thing in action not arising out of contract.
Page 28 - All records of mining claims hereafter made shall contain the name or names of the locators, the date of the location, and such a description of the claim or claims located by reference to some natural object or permanent monument as will identify the claim. On each claim located after the tenth day of May, eighteen hundred and seventy-two, and until a patent has been issued therefor, not less than one hundred dollars' worth of labor shall be performed or improvements made during each year.
Page 395 - An action may be brought by any person against another who claims an estate or interest in real property, adverse to him, for the purpose of determining such adverse claim...
Page 352 - 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 of the things mortgaged, shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers or mortgagees in good faith...