Pacific Coast Law Journal: Containing All the Decisions of the Supreme Court of California, and the Important Decisions of the U.S. Circuit and U.S. District Courts for the District of California, and of the U.S. Supreme Court and Higher Courts of Other States, Band 1W.T. Baggett and Company, 1878 |
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Seite 13
... sufficient for the presentation of a defence to the action under the provisions of the statutes re- lied upon . The ... sufficiently appear in the pleadings , the petition for removal need not restate them , but if they do not , the ...
... sufficient for the presentation of a defence to the action under the provisions of the statutes re- lied upon . The ... sufficiently appear in the pleadings , the petition for removal need not restate them , but if they do not , the ...
Seite 22
... sufficient to inform parties of the object of proceedings taken , where property is once brought under the control of the Court by seizure or some equivalent act . The law assumes that property is always in the possession of its owner ...
... sufficient to inform parties of the object of proceedings taken , where property is once brought under the control of the Court by seizure or some equivalent act . The law assumes that property is always in the possession of its owner ...
Seite 23
... sufficient . It will be observed that the Oregon statute is the same as the California statute , and the construct- ion given the Oregon statute is applicable to our own . But the other feature of the decision will prove to be all im ...
... sufficient . It will be observed that the Oregon statute is the same as the California statute , and the construct- ion given the Oregon statute is applicable to our own . But the other feature of the decision will prove to be all im ...
Seite 30
... sufficient to defray the expense of granting the license . ( Dillon on Mun . Corp. , § 291. ) But the rule , as stated by Judge Dillon , is , that in construing the words of the grant , the whole charter and the general leg- islation of ...
... sufficient to defray the expense of granting the license . ( Dillon on Mun . Corp. , § 291. ) But the rule , as stated by Judge Dillon , is , that in construing the words of the grant , the whole charter and the general leg- islation of ...
Seite 40
... sufficient superse- deas bond . Held , that the petition should be granted . The Court said : " This application is resisted upon the general ground that the S. & N. A. R. R. can not appeal , because its rights are not injuriously ...
... sufficient superse- deas bond . Held , that the petition should be granted . The Court said : " This application is resisted upon the general ground that the S. & N. A. R. R. can not appeal , because its rights are not injuriously ...
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Seite 276 - An act granting the right of way to ditch and canal owners over the public lands, and for other purposes...
Seite 214 - And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district.
Seite 382 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
Seite 186 - An action may be brought by any person against another who claims an estate or interest in real property, adverse to him, for the purpose of determining such adverse claim...
Seite 75 - Where a party gives a reason for his conduct and decision touching anything involved in a controversy, he cannot, after litigation has begun, change his ground, and put his conduct upon another and a different consideration. He is not permitted thus to mend his hold. He Is estopped from doing it by a settled principle of law.
Seite 277 - That whenever by priority of possession rights to the use of water for mining, agricultural, manufacturing, or other purposes have vested and accrued and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same...
Seite 486 - The principle is, that where the owner of two tenements sells one of them, or the owner of an entire estate sells a portion, the purchaser takes the tenement or portion sold with all the benefits and burdens which appear at the time of the sale to belong to it, as between it and the property which the vendor retains.
Seite 498 - A pardon reaches both the punishment prescribed for the offense and the guilt of the offender; and when the pardon is full, it releases the punishment and blots out of existence the guilt, so that in the eye of the law the offender is as innocent as if he had never committed the offense.
Seite 55 - Process from the tribunals of one state cannot run into another state, and summon parties there domiciled to leave its territory and respond to proceedings against them. Publication of process or notice within the state where the tribunal sits cannot create any greater obligation upon the nonresident to appear. Process sent to him out of the state, and process published within it, are equally unavailing in proceedings to establish his personal liability.
Seite 437 - The governor shall have the power to grant reprieves, commutations and pardons after conviction, for all offenses, except treason and cases of impeachment, upon such conditions and with such restrictions and limitations as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons.