Reports of Cases Determined in the Supreme Court of the State of California, Volumen30Bancroft-Whitney, 1906 |
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Términos y frases comunes
adverse possession affirmed alleged amend answer appeal argued attorney authority averred Board of Supervisors Calaveras County cause of action cited Clerk common law Company complaint Constitution contract convey conveyance counsel county seat Court Currey Court of equity decree deed defendant defendant's demurrer denying District Court dollars ejectment election entered entitled equity estoppel evidence execution executors facts filed Flume fraud grant grantor ground holding hundred husband interest issue Judge judgment Judicial District jurisdiction jury Justice land Legislature mandamus matter ment mining claim mortgage motion Opinion of Sawyer parol parties payment person petition Placer County plaintiff pleaded Practice Act premises prove purchase question record recover Respondent rule San Francisco Sanderson separate property Shafter Sheriff Sheriff's deed statement Statute of Limitations suit Supreme Court tide lands tion tract trial trust void votes wife writ
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Página 46 - All property, both real and personal, of the wife, owned or claimed by her before marriage, and that acquired afterwards by gift, devise, or descent, shall be her separate property; and laws shall be passed more clearly defining the rights of the wife, in relation as well to her separate property, as to that held in common with her husband.
Página 476 - In case of the death or other disability of a party, the court, on motion, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party; or, the court may allow the person to whom the transfer is made to be substituted in the action.
Página 130 - In an action brought to recover a balance due upon a mutual, open, and current account, where there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued from the time of the last item proved in the account on either side.
Página 252 - ... 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Página 549 - Michigan of the second part, witnesseth, that the said parties of the first part, for and in consideration of the sum of one dollar to them in hand, paid by the said party of the second .part...
Página 533 - In an action arising upon contract for the recovery of money or damages only, if no answer has been filed with the clerk of the court within the time specified in the summons...
Página 423 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Página 106 - He shall not make profit by the increase, nor suffer loss by the decrease or destruction without his fault, of any part of the estate.
Página 184 - Service by mail may be made, where the person making the service, and the person on whom it is to be made reside in different places between which there is a regular communication by mail.
Página 30 - ... which they may acquire during the marriage, either by donations made jointly to them both, or by purchase, or in any other similar way, even although the purchase be only in the name of one of the two and not of both, because in that case the period of time when the purchase is made is alone attended to, and not the person who made the purchase.