Reports of Cases Determined in the Supreme Court of the State of California, Volume 82Bancroft-Whitney, 1906 - Law reports, digests, etc |
Contents
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Common terms and phrases
affidavit affirmed agreement Alexander Wilson alleged amount appellant attorney averment board of supervisors cause of action city and county Civil Procedure claim Code of Civil common counts complaint concurred constitution contract corporation counsel county of San creditor cross-complaint debt deceased deed defendant defendant's demurrer Department Two.-December entitled evidence execution facts fendant filed findings fraud granted ground habeas corpus held homestead hundred dollars insolvent interest issue J.-This judgment and order jurisdiction jury land lease legislature lien marriage Mendocino County ment mortgage motion Napa County notice order denying owner paid parties payment person petition petitioner plaintiff pleadings possession premises purchase question quiet title rates reason recover refused respondent rule San Francisco SHARPSTEIN Spring Valley statement statute sufficient Superior Court thereof thousand dollars tion trial trust verdict witness writ
Popular passages
Page 512 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 427 - The Superior Court shall have original jurisdiction in all cases in equity, and in, all cases at law which involve the title or possession of real property, or the legality of any tax, impost, assessment, toll, or municipal fine...
Page 468 - In criminal prosecutions, in any Court whatever, the party accused shall have the right to a speedy and public trial; to have the process of the Court to compel the attendance of witnesses in his behalf, and to appear and defend, in person and with counsel.
Page 336 - ... due process of law,' but if found to be arbitrary, oppressive, and unjust, it may be declared to be not 'due process of law.
Page 305 - The use of all water now appropriated, or that may hereafter be appropriated, for sale, rental, or distribution, is hereby declared to be a public use, and subject to the regulation and control of the State, in the manner to be prescribed by law...
Page 626 - Every conveyance of real property, other than a lease for a term not exceeding one year, is void as against any subsequent purchaser or mortgagee of the same property, or any part thereof, in good faith and for a valuable consideration, whose conveyance is first duly recorded...
Page 306 - ... or city or town council, or other governing body of such city and county, or city or town, by ordinance or otherwise, in the manner that other ordinances or legislative acts or resolutions are passed by such body, and shall continue in force for one year and no longer. Such ordinances or resolutions shall be passed in the month of February of each year, and take effect on the first day of July thereafter.
Page 314 - That it is within the power of the government to regulate the prices at which water shall be sold by one who enjoys a virtual monopoly of the sale, we do not doubt.
Page 346 - Cities and towns heretofore organized or incorporated may become organized under such general laws whenever a majority of the electors voting at a general election shall so determine, and shall organize in conformity therewith ; and cities or towns heretofore or hereafter organized and all charters thereof framed or adopted by authority of this constitution shall be subject to and controlled by general laws.
Page 483 - If the Judge in any case refuse to allow an exception in accordance with the facts, the party desiring the bill settled may apply by petition to the Supreme Court to prove the same. The application may be made in the mode and manner and under such regulations as that Court may prescribe; and the bill, when proven, must be certified by the Chief Justice as correct, and filed with the Clerk of the Court in which the action was tried, and when so filed it has the same force and effect...