Reports of Cases Determined in the Supreme Court of the State of California, Volume 53Bancroft-Whitney, 1887 - Law reports, digests, etc |
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Common terms and phrases
alleged amount application appointed Arguello Argument for Appellant Argument for Respondent assessment attorney Attorney-General averment Bank cause of action cause remanded City and County Civil Code Civil Procedure claim Code of Civil commenced Commissioners complaint contract conveyance corporation County of San Court of Equity creditors damages decree deed defendant appealed defendant's demand demurrer denied District Court entitled evidence execution fendant filed hundred dollars indictment interest issue Judgment and order Judgment was rendered Judicial District jurisdiction jury land lease Legislature levied lien ment mortgage Opinion order reversed owner paid parties payment person plaintiff Points Decided possession premises Probate Court proceedings promissory note purchase question quiet title Rancho recover Remittitur forthwith San Francisco San Joaquin County Sheriff Stanislaus County Statement of Facts statute Street thereof thousand dollars tion trial trict trust void writ
Popular passages
Page 661 - No senator or member of assembly shall, during the term for which he shall have been elected, be appointed to any civil office of profit under this State which shall have been created, or the emoluments of which shall have been increased, during such term,- except such office as may be filled by elections by the people.
Page 625 - ... accompanied by an immediate delivery, and followed by an actual and continued change of possession...
Page 19 - 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 552 - In an action by a vendor to vacate a fraudulent purchase of property, or by a creditor to subject any property or fund to his claim, or between partners or others jointly owning or interested in any property or fund, on the application of the plaintiff, or of any party whose right to or interest in the property or fund, or the proceeds thereof, is probable, and where it is shown that the property or fund is in danger of being lost, removed, or materially injured ; 2.
Page 552 - After judgment, to dispose of the property according to the judgment, or to preserve it during the pendency of an appeal, or in proceedings in aid of execution, when an execution has been returned unsatisfied, or when the judgment debtor refuses to apply his property in satisfaction of the judgment; 5.
Page 272 - ... and to all acts, matters, and things to be done under and in virtue of the bankruptcy, until the final distribution and settlement of the estate of the bankrupt, and the close of the proceedings in bankruptcy.
Page 139 - The principle is, that where the owner of two tenements sells one of them, or the owner of an entire estate sells a portion, the purchaser takes the tenement or portion sold with all the benefits and burdens which appear at the time of the sale to belong to it, as between it and the property which the vendor retains.
Page 292 - The writ of prohibition is the counterpart of the writ of mandate. It arrests the proceedings of any tribunal, corporation, Board, or person, when such proceedings are without or in excess of the jurisdiction of such tribunal, corporation, Board, or person.
Page 378 - If a person against whom an action may be brought die before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced against his representatives, after the expiration of that time and within one year after the issuing of letters testamentary or of administration.
Page 278 - ... the highest market value of the property at any time between the conversion and the verdict, without interest, at the option of the injured party; and Second. A fair compensation for the time and money properly expended in pursuit of the property.