Reports of Cases Determined in the Supreme Court of the State of California, Band 44Bancroft-Whitney, 1906 |
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action adverse possession affirmed alleged amount appeal applied Approved Argument for Appellant Argument for Respondent assessment authority averment Belcher Board of Supervisors cause Cited City and County claim commenced complaint contract conveyance conveyed corporation counsel County of San Court of equity Crockett deed defendant demand District Attorney District Court ejectment entitled error evidence execution Fargo & Co filed grant grantor holding hundred IDEM indictment injury instruction interest issued Joaquin Castro judgment Judicial District jurisdiction jury land liable lien ment motion notice Opinion owner parties patent payment person plaintiff Points decided possession premises promissory note purchase question quitclaim deed railroad rancho recover RHODES rule San Francisco Santa Clara County Sheriff's deed Statement of Facts statute Statute of Limitations street sufficient summons Sutter tenant thereof tion tract trial Trustees verdict void Wallace
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Seite 290 - It is not a mere possible doubt; because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Seite 444 - 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.
Seite 171 - Before making the order the judge shall require a written undertaking on the part of the plaintiff, with or without sureties, to the effect that if the defendant recover judgment, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the arrest, not exceeding the sum specified in the undertaking, which shall be at least two hundred and fifty dollars.
Seite 74 - This rule is obviously founded on the great principle of social duty, that every man, in the management of his own affairs, whether by himself or by his agents or servants, shall so conduct them as not to injure another ; and if he does not, and another thereby sustains damage, he shall answer for it.
Seite 542 - Neither a departure from the form or mode prescribed by this code in respect to any pleading or proceeding, nor an error or mistake therein, renders it invalid, unless it has actually prejudiced the defendant, or tended to his prejudice, in respect to a substantial right.
Seite 692 - ... every such conveyance not so recorded shall be void as against any subsequent purchaser in good faith and for a valuable consideration of the same real estate or any portion thereof whose conveyance shall be first duly recorded.
Seite 407 - Beginning the adventure upon the said goods and merchandise, from and immediately following the loading thereof...
Seite xxii - I wish popularity : but it is that popularity, which follows, not that which is run after; it is that popularity which, sooner or later, never fails to do justice to the pursuit of noble ends, by noble means.
Seite 38 - Watson, came down to see me in behalf, as he said, of the Secretary of War and the President of the United States.
Seite 282 - If, when the cause of action accrues against a person, he is out of the state, the action may be commenced within the term herein limited, after his return to the state, and if, after the cause of action accrues, he departs from the state, the time of his absence is not part of the time limited for the commencement of the action.