A Digest of the Decisions of the Supreme Court of the State of California: Contained in the Sixteen Volumes of Reports, from the Formation of the Court, in 1850, Until January, 1861, with a Complete List of Cases Affirmed, Reversed, Qualified, Commented Upon, Or Abrogated by Statute, Volume 1 |
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9 Cal administrator admissible affidavit affirmed agent alleged amendment answer appeal assignment attachment attorney authority averment bill bond cause of action certiorari charge City of San claim common law complaint constitution contract conveyance corporation court of equity court of sessions creditors damages debt debtor decree deed defendant demurrer district court ejectment El Dorado County election endorser entitled equity error estopped evidence execution fact fendant filed fraud fraudulent grant ground held homestead husband indictment injunction insolvent interest issue judge judgment jurisdiction jury land legislature levy liable lien ment misjoinder mortgage motion notice objection owner paid party payment person plaint plaintiff pleadings possession premises promissory note proof purchase recover refused San Francisco sheriff sheriff's deed Smith statute statute of frauds sufficient suit supreme court thereof tion tract trial vendor verdict void wife witness writ Yuba County
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Page 418 - new grant.' since it is an undisputed principle, that the plaintiff must recover upon the strength of his own title, and not upon the weakness of his adversaries.
Page 544 - An act to appropriate the proceeds of the sales of the public lands, and to grant preemption rights...
Page 372 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 157 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Page 180 - The right of trial by jury shall be secured to all, and remain inviolate ; but in civil actions three-fourths of the jury may render a verdict.
Page 243 - The powers of the government of the state of California shall be divided into three separate departments: The legislative, the executive, and judicial; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any functions appertaining to either of the others, except in the cases hereinafter expressly directed or permitted.
Page 209 - The causes of action so united must all belong to one only of these classes, and must affect all the parties to the action, and not require different places of trial, and must be separately stated...
Page 312 - To hold, purchase and convey such real and personal estate, as the purposes of the corporation shall require, not exceeding the amount limited in its charter:
Page 243 - To an appropriation within the meaning of the constitution, nothing more is requisite than a designation of the amount, and the fund out of which it shall be paid.
Page 238 - The trial by jury, in all cases in which it has been heretofore used, shall remain inviolate forever. But a jury trial may be waived by the parties in all civil cases, in the manner to be prescribed by law.