Reports of Cases Determined in the Supreme Court of the State of California, Volumen16Bancroft-Whitney, 1906 |
Contenido
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Términos y frases comunes
action affirmed Alcalde alleged amount appeal applied assessment attorney authority averment California certificate certiorari charter cited City of San claim Commissioners Common Council common law complaint Constitution contract conveyance corporation Court of Equity Court of Sessions debt decree deed defendant delivered the opinion demurrer District duty effect ejectment entitled equity estopped estoppel evidence execution facts fee simple filed foreclosure grant ground held holding homestead interest issued judgment jurisdiction juror jury Justice lease Legislature liability lien mandamus Meador mechanic's lien ment mortgage objection ordinance owner paid parties patent payment Payne & Dewey person petition plaintiff possession premises proceedings promissory note proof public lands pueblo purchase question recover remedy rule Sacramento San Francisco Sheriff Sheriff's deed statute sufficient suit survey thereof tion tract Treasurer trial United valid void warrants Wend witness
Pasajes populares
Página 50 - The government of the United States has been emphatically termed a government of laws, and not of men. It will certainly cease to deserve this high appellation, if the laws furnish no remedy for the violation of a vested legal right.
Página 546 - ... the plaintiff must recover upon the strength of his own title and not upon the weakness of the title of the defendant.
Página 50 - The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws, whenever he receives an injury.
Página 51 - The province of the court is, solely, to decide on the rights of individuals, not to inquire how the executive, or executive officers, perform duties in which they have a discretion. Questions in their nature political, or which are, by the constitution and laws, submitted to the executive, can never be made in this court.
Página 252 - The trial by jury in all cases in which it has been heretofore used shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.
Página 40 - ... invested with certain important political powers, in the exercise of which he is to use his own discretion, and is accountable only to his country in his political character and to his own conscience. To aid him in the performance of these duties he is authorized to appoint certain officers, who act by his authority and in conformity with his orders. " ' In such cases their acts are his acts, and whatever opinion may be entertained of the manner in which executive discretion may be used, still...
Página 300 - An act to appropriate the proceeds of the sales of the public lands, and to grant preemption rights...
Página 496 - Whoever shall violate any of the provisions of this act shall be deemed guilty of misdemeanor, and upon conviction...
Página 52 - It is not by the office of the person to whom the writ is directed, but the nature of the thing to be done, that the propriety or impropriety of issuing a mandamus is to be determined.
Página 241 - A statement of the facts constituting the cause of action, in ordinary and concise language...