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 2W. T. Baggett and Company, 1879 |
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Seite 43
... mortgagor and mort- gagee can not be made a party by the complainant to litigate and settle his rights in a foreclosure mortgage suit . Supreme Court of California . JULY TERM . [ No. THE PACIFIC COAST LAW JOURNAL . 43.
... mortgagor and mort- gagee can not be made a party by the complainant to litigate and settle his rights in a foreclosure mortgage suit . Supreme Court of California . JULY TERM . [ No. THE PACIFIC COAST LAW JOURNAL . 43.
Seite 50
... party - a stranger to the judgment - notwithstanding he is the equitable owner of it . And as the heirs may contest the validity of allowed claims on a petition for the sale of real estate , the decision of a Probate Judge allowing the ...
... party - a stranger to the judgment - notwithstanding he is the equitable owner of it . And as the heirs may contest the validity of allowed claims on a petition for the sale of real estate , the decision of a Probate Judge allowing the ...
Seite 55
... party , or of one whom the party has usually employed or consulted . " Answer- " Refer to Dr. A. P. Mills , Corning , N. Y. " The applicant had casually con- sulted Dr. A. P. Mills , and also another physician , and told the agent the ...
... party , or of one whom the party has usually employed or consulted . " Answer- " Refer to Dr. A. P. Mills , Corning , N. Y. " The applicant had casually con- sulted Dr. A. P. Mills , and also another physician , and told the agent the ...
Seite 59
... party may desire to amend his own pleading , or compel an amendment of his adversary's , but if he failed to make his motion in the Justices ' Court he might be held to have waived the right to make it THE PACIFIC COAST LAW JOURNAL . 59.
... party may desire to amend his own pleading , or compel an amendment of his adversary's , but if he failed to make his motion in the Justices ' Court he might be held to have waived the right to make it THE PACIFIC COAST LAW JOURNAL . 59.
Seite 60
... party who has been improperly de- faulted without a remedy . His remedy by certiorari is ampler than it would be if he had the right of appeal , for he is not limited in the exercise of it to the period of thirty days ; and if either party ...
... party who has been improperly de- faulted without a remedy . His remedy by certiorari is ampler than it would be if he had the right of appeal , for he is not limited in the exercise of it to the period of thirty days ; and if either party ...
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Seite 323 - ... and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed ; but whenever any person, in the construction of any ditch or canal, injures or damages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage.
Seite 199 - It is a maxim not to be disregarded that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit when the very point is presented for decision. The reason of this maxim is obvious. The question actually before the court is investigated with care, and considered in its full extent. Other principles which may serve to illustrate...
Seite 323 - 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 413 - Journal, nor unless the party complained of has been served with a copy of the complaint against him, and shall have had an opportunity of being heard in his defense.
Seite 407 - SECTION 1. The judicial power of the State shall be vested in the Senate sitting as a Court of Impeachment, in a Supreme Court, Superior Courts, Justices of the Peace, and such inferior courts as the Legislature may establish in any incorporated city, or town, or city and county.
Seite 177 - ... upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect...
Seite 413 - The Legislature may also provide for the appointment, by the several Superior Courts, of one or more Commissioners in their respective counties, or cities and counties, with authority to perform chamber business of the Judges of the Superior Courts, to take depositions, and perform such other business connected with the administration of justice as may be prescribed by law.
Seite 309 - ... that the property or fund is in danger of being lost, removed, or materially injured.
Seite 412 - Superior Court may be tried by a Judge pro tempore, who must be a member of the bar, agreed upon in writing by the parties litigant, or their attorneys of record, approved by the Court, and sworn to try the cause SBC.
Seite 245 - And you are hereby notified that, unless you so appear and answer, the plaintiff will apply to the court for the relief demanded in the complaint...