Reports of Cases Determined in the Supreme Court of the State of California, Հատոր 40Bancroft-Whitney, 1906 |
From inside the book
Արդյունքներ 100–ի 1-ից 5-ը:
Էջ 9
... give no relief unless a strict performance was either waived by the party or is excused on some special ground .of equitable cognizance . I discover nothing in the record to justify the conclusion that the defendants waived any rights ...
... give no relief unless a strict performance was either waived by the party or is excused on some special ground .of equitable cognizance . I discover nothing in the record to justify the conclusion that the defendants waived any rights ...
Էջ 11
... gives some reasonable excuse for the delay . In this case , I think the pro- vision in the contract , to the effect that if the plaintiffs should fail to comply with its conditions , the land and improvements should revert to the ...
... gives some reasonable excuse for the delay . In this case , I think the pro- vision in the contract , to the effect that if the plaintiffs should fail to comply with its conditions , the land and improvements should revert to the ...
Էջ 24
... give a note at usurious interest , and encumber the property to secure the payment of it ; allow the mortgage to be foreclosed and the property sold ; allow the time for redemption to pass with- out making any effort to redeem , while ...
... give a note at usurious interest , and encumber the property to secure the payment of it ; allow the mortgage to be foreclosed and the property sold ; allow the time for redemption to pass with- out making any effort to redeem , while ...
Էջ 33
... give effect to it as an independent averment , unless upon the whole pleading it appears to have been so intended . VOL . XL . - 3 Argument for Appellants . TIDE LANDS . SALE OF . Oct. 1870. ] FARISH v . Coon . 33 City of Benicia ...
... give effect to it as an independent averment , unless upon the whole pleading it appears to have been so intended . VOL . XL . - 3 Argument for Appellants . TIDE LANDS . SALE OF . Oct. 1870. ] FARISH v . Coon . 33 City of Benicia ...
Էջ 53
... give effect to it as an independent averment , unless upon the whole pleading it appears to have been so intended . After a careful consideration of the complaint , we are satis- fied it was not the intention of the pleader to aver it ...
... give effect to it as an independent averment , unless upon the whole pleading it appears to have been so intended . After a careful consideration of the complaint , we are satis- fied it was not the intention of the pleader to aver it ...
Այլ խմբագրություններ - View all
Reports of Cases Determined in the Supreme Court of the State of ..., Հատոր 119 California. Supreme Court Ամբողջությամբ դիտվող - 1906 |
Reports of Cases Determined in the Supreme Court of the State of ..., Հատոր 113 California. Supreme Court Ամբողջությամբ դիտվող - 1906 |
Reports of Cases Determined in the Supreme Court of the State of ..., Հատոր 109 California. Supreme Court Ամբողջությամբ դիտվող - 1906 |
Common terms and phrases
acquired admitted adverse possession alleged answer Argument for Appellant Argument for Respondent assessment authority averment Barb Board Brenham California Catherine Hayes cause of action citizens City and County claim Colus complaint concurring Congress Constitution contract convey conveyance corporation counsel County of San Court of equity CROCKETT damages debt decree deed defendant defendant's delivered the opinion demand demurrer District Court entitled equity evidence execution facts filed foreclosure grant ground held IDEM indictment injury intention Jimeno judgment jurisdiction jury legal title lien ment Mexican misjoinder mortgage motion negligence notice owner paid party patent payment person plaintiff pleadings possession Practice Act premises proceedings purchase question quiet title rendered RHODES rule San Francisco Section Sheriff Sheriff's deed SPRAGUE statement Statute of Limitations TEMPLE tide lands tion tract trial Trustees United valid verdict void WALLACE writ Yuba County
Սիրված հատվածներ
Էջ 312 - Our constitution declares a treaty to be the law of the land. It is, consequently, to be regarded in courts of justice as equivalent to an act of the legislature, whenever it operates of itself without the aid of any legislative provision. But when the terms of the stipulation import a contract, when either of the parties engages to perform a particular act, the treaty addresses itself to the political, not the judicial department; and the legislature must execute the contract before it can become...
Էջ 106 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Էջ 314 - The inhabitants of the ceded territory shall be incorporated in the Union of the United States, and admitted, as soon as possible, according to the principles of the federal constitution, to the enjoyment of all the rights, advantages, and immunities of citizens of the United States ; and, in the mean time, they shall be maintained and protected in the free enjoyment of their liberty, property, and the religion which they profess.
Էջ 326 - 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...
Էջ 323 - Mexico, and which remain for the future within the limits of the United States, as defined by the present treaty, shall be free to continue where they now reside, or to remove at any time to the Mexican republic, retaining the property which they possess in the said territories, or disposing thereof, and removing the proceeds wherever they please , without their being subjected on this account to any contribution, tax, or charge whatever. Those who shall prefer to remain in the said territories may...
Էջ 289 - This is plainly a contract to which the donors, the trustees, and the crown, (to whose rights and obligations New Hampshire succeeds,) were the original parties. It is a contract made on a valuable consideration. It is a contract for the security and disposition of property. It is a contract on the faith of which real and personal estate has been conveyed to the corporation. It is, then, a contract within the letter of the constitution, and within its spirit also...
Էջ 511 - 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...
Էջ 120 - Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.
Էջ 45 - An act to appropriate the proceeds of the sales of the public lands, and to grant preemption rights...
Էջ 312 - Our Constitution declares a treaty to be the law of the land. It is, consequently to be regarded in the courts of justice, as equivalent to an act of the legislature, whenever it operates of itself without the aid of any legislative provision.