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 12
... defendants until discharged by due course of law . At the same time , we are of opinion that the order is substantially sufficient , and can in reality work no prejudice to the prisoners ; for their case will unquestionably be laid ...
... defendants until discharged by due course of law . At the same time , we are of opinion that the order is substantially sufficient , and can in reality work no prejudice to the prisoners ; for their case will unquestionably be laid ...
Page 18
... defendants , by force , or under an illegal order made by an officer having no jurisdiction , the answer should take issue directly upon the allegations of the complaint , or , confessing them , should state , distinctly and positively ...
... defendants , by force , or under an illegal order made by an officer having no jurisdiction , the answer should take issue directly upon the allegations of the complaint , or , confessing them , should state , distinctly and positively ...
Page 19
... defendants say that the writ set forth in the " said petition and copy thereof annexed to same , was issued " at the ... defendants . The plaintiff appeals from that judg- ment . Horace Hawes , for plaintiff . Hart & Shaw , for ...
... defendants say that the writ set forth in the " said petition and copy thereof annexed to same , was issued " at the ... defendants . The plaintiff appeals from that judg- ment . Horace Hawes , for plaintiff . Hart & Shaw , for ...
Page 20
... defendants and others , claiming to act under an order of the first alcalde , entered forcibly on the premises and ousted him from such possession ; and he prays to be reinstated therein . The answer sets up , that defendants were and ...
... defendants and others , claiming to act under an order of the first alcalde , entered forcibly on the premises and ousted him from such possession ; and he prays to be reinstated therein . The answer sets up , that defendants were and ...
Page 22
... defendants . That makes out a sufficient cause of action to entitle the plaintiff to be restored to the possession , and requires the defendants either to deny such allegations directly and unequivocally , or to confess and avoid them ...
... defendants . That makes out a sufficient cause of action to entitle the plaintiff to be restored to the possession , and requires the defendants either to deny such allegations directly and unequivocally , or to confess and avoid them ...
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Common terms and phrases
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.