Reports of Cases Argued and Determined in the Supreme Court of the State of California, Volume 1Marvin & Hitchcock, 1851 - Law reports, digests, etc |
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Page 36
... action for unliquidated damages for reason that the damages are excessive , and a court ought never to set aside a verdict for such a cause , unless , beyond doubt , the verdict be unjust and oppressive , obtained through some undue ...
... action for unliquidated damages for reason that the damages are excessive , and a court ought never to set aside a verdict for such a cause , unless , beyond doubt , the verdict be unjust and oppressive , obtained through some undue ...
Page 46
... action for non - delivery of the lumber , that the plaintiff re- sold it soon after the purchase ; it appearing that the purchaser from the plaintiff had a claim against him for non - delivery . APPEAL from the court of First Instance ...
... action for non - delivery of the lumber , that the plaintiff re- sold it soon after the purchase ; it appearing that the purchaser from the plaintiff had a claim against him for non - delivery . APPEAL from the court of First Instance ...
Page 47
... action , ( 1 Chitty Pl . 114 , 116 , 124 , ) except in those cases where the submission was made a rule of court , and enforced by attachment , as for a contempt , ( Kyd on Awards , 21 , ) an innovation introduced by the English courts ...
... action , ( 1 Chitty Pl . 114 , 116 , 124 , ) except in those cases where the submission was made a rule of court , and enforced by attachment , as for a contempt , ( Kyd on Awards , 21 , ) an innovation introduced by the English courts ...
Page 51
... action for non - performance , without showing a readiness and willingness to perform on his part . Upon part delivery of goods , and an inability on the part of the vendor to deliver the whole quantity sold , he is , nevertheless ...
... action for non - performance , without showing a readiness and willingness to perform on his part . Upon part delivery of goods , and an inability on the part of the vendor to deliver the whole quantity sold , he is , nevertheless ...
Page 53
... action was then brought to recover for the lumber ac- tually delivered , at the rate of $ 150 per thousand feet , and also for the difference between the nett proceeds of that portion sold by the plaintiff at auction , and the contract ...
... action was then brought to recover for the lumber ac- tually delivered , at the rate of $ 150 per thousand feet , and also for the difference between the nett proceeds of that portion sold by the plaintiff at auction , and the contract ...
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according action affirmed agent Alcalde alleged amount answer appear application appointed authority BENNETT bill brought California cause charge cited civil claim common law complaint considered constitution contract damages decision defendants delivered determine district court duty effect entered entitled established evidence executed exercise facts favor force give given grant ground held Instance intended interest issue judge judgment jurisdiction jury justice land legislature lien matter ment Mexican motion necessary notice objection opinion owner parties person plaintiff portion possession practice premises present proceedings proper proved question reason received record recover referred relation rendered respect respondent rule San Francisco says ship statute sufficient suit sustained taken term testimony tion trial United unless verdict vessel whole witnesses writ
Popular passages
Page 175 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.
Page 245 - ... into the Union of the United States, and be admitted at the proper time (to be judged of by the Congress of the United States) to the enjoyment of all the rights of citizens of the United States, according to the principles of the Constitution; and in the mean time, shall be maintained and protected in the free enjoyment of their liberty and property, and secured in the free exercise of their religion without restriction.
Page 525 - Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press.
Page 245 - The Mexicans who, in the territories aforesaid, shall not preserve the character of citizens of the Mexican Republic, conformably with what is stipulated in the preceding article, shall be incorporated into the Union of the United States, and be admitted at the proper time (to be judged of by the Congress of the United States...
Page 532 - That the printing presses shall be free to every person, who undertakes to examine the proceedings of the legislature or any branch of government: and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man; and every citizen may freely speak, write and print on any subject, being responsible for the abuse of that liberty.
Page 172 - If no such objection be taken, either by demurrer or answer, the defendant shall be deemed to have waived the same, excepting only the objection to the jurisdiction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action.
Page 244 - Those who shall prefer to remain in the said territories may either retain the title and rights of Mexican citizens, or acquire those of citizens of the United States. But they shall be under the obligation to make their election within one year from the date of the exchange of ratifications of this treaty ; and those who shall remain in the said territories after the expiration of that year, without having declared their intention to retain the character of Mexicans, shall be considered to have...
Page 138 - A final judgment or decree in any suit, in the highest court of law or equity of a State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity...
Page 16 - SEC. 3. In order that no inconvenience may result to the public service from the taking effect of this Constitution, no...
Page 330 - When the parties do not consent, the court may, upon the application of either, or of its own motion, direct a reference in the following cases : 1. When the trial of an issue of fact requires the examination of a long account on either side ; in which case, the referees may be directed to hear and decide the whole issue, or to report upon any specific question of fact involved therein ; 2.