Reports of Cases Determined in the Supreme Court of the State of California, Svazek 20Bancroft-Whitney, 1906 |
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action administrator affirmed alleged amount answer appeal applied appointment attorney authority averments California Cited city of San claim Clark commenced complaint conclusive Congress Constitution contract conveyance corporation County Clerk County of San Court of Chancery Court of Equity creditors debt decision declaration decree deed defendant delivered the opinion demurrer denying District Court dollars effect equity escheat evidence execution facts filed fraud Government grant heirs held interest issue Judge judgment Judicial District jurisdiction jury Justice land legal tender Legislature Lin Sing mandamus ment mortgage Napa County parties patent payment persons petition plaintiff possession premises Probate Court proceedings proof provisions purchase question real estate real property record rendered res judicata rule San Francisco Sheriff Sheriff's deed statute sufficient Supreme Court Table Mountain thereof tion trial trust United validity verdict void Washburn
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Strana 317 - ... lawful money and a legal tender in payment of all debts, public and private, within the United States, except duties on imports and interest as aforesaid.
Strana 555 - ... that its abandonment ought not to be presumed in a case in which the deliberate purpose of the state to abandon it does not appear.
Strana 570 - It is sufficient for the present to say, generally, that when the importer has so acted upon the thing imported that it has become incorporated and mixed up with the mass of property in the country, it has, perhaps, lost its distinctive character as an import, and has become subject to the taxing power of the state...
Strana 227 - No action for the recovery of real property, or for the recovery of the possession thereof, shall be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grantor, was seized .or possessed of the premises in question within twenty years before the commencement of such action.
Strana 583 - Commerce, undoubtedly, is traffic, but it is something more, — it is intercourse. It describes the commercial intercourse between nations, and parts of nations, in all its branches, and is regulated by prescribing rules for carrying on that intercourse.
Strana 460 - ... first, that the judgment of a Court of concurrent jurisdiction directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another Court...
Strana 463 - But neither the judgment of a concurrent or exclusive jurisdiction is evidence of any matter which came collaterally in question, though within their jurisdiction, nor of any matter incidentally cognizable, nor of any matter to be inferred by argument from the judgment.
Strana 170 - That a final judgment or decree in any suit, in the highest Court of law or equity of a State in which a decision in the suit could be had, where is drawn in question the validity of a treaty, or statute of, or an authority exercised under, the United States, and the decision is against their validity...
Strana 102 - The act of incorporation is to them an enabling act; it gives them all the power they possess ; it enables them to contract, and when it prescribes to them a mode of contracting, they must observe that mode, or the instrument no more creates a contract than if the body had never been incorporated.
Strana 166 - ... the jury before whom any person indicted for murder shall be tried, shall, if they find such person guilty thereof...