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action was brought adverse possession affidavit agreement alleged amended appeal assessment assignment attorney averment California Southern Railroad capital stock cause remanded Central Pacific Railroad city and county Civil Procedure claim Code Civ Code of Civil commencement complaint concurred Constitution contract corporation county of San creditors damages deceased decree deed defendant demand demurrer denied ejectment entitled evidence executed executor facts filed finding granted guardian ad litem held husband injunction insolvent issued John Parrott Judgment and order jurisdiction jury land lease lien MCKEE ment mortgage motion MYRICK notice opinion order affirmed order refusing owner paid parties patent payment person petition petitioner plaintiff pleadings premises Probate proceedings promissory note purchase question Railroad recover REPLEVIN Respondent San Francisco SHARPSTEIN Statute of Limitations sufficient Superior Court sustained taxes tenant thereof tion trial unlawful detainer void wife witness writ Zellerbach
Strana 685 - A new trial will not be granted on the ground of newly discovered evidence, if the evidence might have been produced at the trial by the exercise of reasonable diligence.
Strana 365 - ... and may be transferred by indorsement by the signature of the proprietor, or his attorney or legal representative, and delivery of the certificate; but such transfer is not valid except between the parties thereto, until the same is so entered upon the books of the corporation as to show the names of the parties by and to whom transferred, the number or designation of the shares, and the date of the transfer.
Strana 424 - Upon a trial for murder, the commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter, or that the defendant was justifiable or excusable.
Strana 365 - To make by-laws, not inconsistent with any existing law, for the management of its property, the regulation of its affairs, and for the transfer of its stock; 7.
Strana 266 - Provided, however, that in no case shall adverse possession be considered established under the provision of any section or sections of this code, unless it shall be shown that the land has been occupied and claimed for the period of five years continuously, and the party or persons, their predecessors and grantors, have paid all the taxes, State, county, or municipal, which have been levied and assessed upon such land.
Strana 562 - In the view we take of this case it is not necessary to determine what force, if any, there might be in the first of these contentions, if Mrs.
Strana 510 - When jurisdiction is, by the constitution or this code, or by any other statute, conferred on a court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this code.— Code amend.— 1880:43.
Strana 626 - Engineers, a professional society duly organized and existing under the laws of the State of New York, and having its principal place of business in the city of New York...
Strana 382 - But a mere intruder cannot enter on a person actually seized and eject him, and then question his title or set up an outstanding title in another. The maxim that the plaintiff must recover on the strength of his own title, and not on the weakness of the defendant's, is applicable to all actions for the recovery of property. But if the plaintiff had actual prior possession of the land, this is strong enough to enable him to recover it from a mere trespasser who entered without any title.