Reports of Cases Determined in the Supreme Court of the State of California, Volume 52Bancroft-Whitney, 1886 - Law reports, digests, etc |
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Common terms and phrases
action affidavit alleged application Argument for Appellant Argument for Respondent assessment attorney authority averment Board of Supervisors California California Pacific Railroad cause remanded Central Pacific Railroad certificate of purchase City and County Civil Code Civil Procedure claim Clerk Code of Civil complaint contract conveyance conveyed corporation County of San declared deed defendant appealed demand demurrer District Court dollars duty election entitled estoppel evidence execution executor filed grant hundred interest issued John John Nash Judgment and order Judicial District jury Justice Land Office Legislature lien ment misjoinder Monterey County mortgage notice Opinion owner paid party patent payment person petition petitioner plaintiff possession premises Probate Court probative facts proceedings record recover Remittitur San Francisco Sheriff Spring Valley Statement of Facts statute street survey thereof tion township trial trust void votes writ
Popular passages
Page 144 - The powers of the Government of the State of California shall be divided into three separate departments — the legislative, 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 as in this Constitution expressly directed or permitted.
Page 144 - It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debt by such municipal corporations...
Page 395 - A thing is deemed to be affixed to land when it is attached to it by roots, as in the case of trees, vines, or shrubs; or imbedded in it, as in the case of walls; or permanently resting upon it, as in the case of buildings; or permanently attached to what is thus permanent, as by means of cement, plaster, nails, bolts, or screws...
Page 510 - An intervention takes place when a third person is permitted to become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming wha-t is sought by the complaint, or by uniting with the defendant in resisting the claims of the plaintiff, or by demanding anything adversely to both the plaintiff and the defendant...
Page 96 - Upon the final settlement of the accounts of the executor or administrator, or at any subsequent time, upon the application of the executor or administrator, or of any heir, legatee or devisee, the court must proceed to distribute the residue of the estate in the hands of the executor or administrator, if any, among the persons who by law are entitled thereto...
Page 142 - All general laws and special acts passed pursuant to this section may be altered from time to time or repealed.
Page 221 - By the law of the land is most clearly intended the general law, a law which hears before it condemns, which proceeds upon inquiry, and renders judgment only after trial.
Page 646 - ... up to the time of redemption, together with the amount of any assessment or taxes which the purchaser may have paid thereon after purchase, and interest on such amount, and if the purchaser be also a creditor having a prior lien to that of the redemptioner, other than the judgment under which such purchase was made, the amount of such lien with interest.
Page 470 - ... subtenant in actual occupation of the premises, also, upon such subtenant. Within three days after the service of the notice, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform the conditions or covenants of the lease or pay the stipulated rent, as the case may be, and thereby save the lease from forfeiture...
Page 599 - Taxation shall be equal and uniform throughout the State. All property in this State shall be taxed in proportion to its value, to be ascertained as directed by law...