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actual admitted adverse possession agreement alleged amount appear assignment authority averment Bank Barb bill brought California cause of action charge Civil Code claim Code Code Civ commencement common complaint consideration constitute contained contract corporation court creditors damages debt decree deed defendant answers delivered demand demurrer denial denies described dollars ejectment entered entitled entry equity evidence execution facts Form fraud fraudulent given granted ground held injury interest issue Johns judgment jurisdiction land lien Limitations maintain matter ment mentioned mining mortgage necessary notice objection owner paid party payment performance person plaintiff plea pleaded possession premises prove purchase reason received recover refused rendered rule Smith specific statute sufficient suit taken tenant thereof tion United unless
Strana 142 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Strana 665 - When cross-demands have existed between persons under such circumstances that, if one had brought an action against the other, a counterclaim could have been set up, the two demands shall be deemed compensated, so far as they equal each other, and neither can be deprived of the benefit thereof by the assignment or death of the other.— 1873-300.
Strana 946 - When the defendant has been guilty of a fraud in contracting the debt, or incurring the obligation for which the action is brought, or in concealing or disposing of the property for the taking, detention or conversion of which the action is brought, or when the action is brought to recover damages for fraud or deceit.
Strana 1034 - That it has not been taken for a tax, assessment, or fine, pursuant to a statute...
Strana 394 - If it is not, as to him, just and reasonable ; 3. If his assent was obtained by the misrepresentation, concealment, circumvention, or unfair practices of any party to whom performance would become due under the contract, or by any promise of such party which has not been substantially fulfilled; or, 4.
Strana 551 - The answer of the defendant must contain : "1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief. "2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition.
Strana 959 - ... the plaintiff will pay all costs which may be awarded to the defendant, and all damages which he may sustain by reason of the arrest...
Strana 976 - The plaintiff at the time of issuing the summons, or at any time afterwards, may have the property of the defendant attached as security for the satisfaction of any judgment that may be recovered...
Strana 642 - When a cause of action has arisen in another state, or in a foreign country, and by the laws thereof an action thereon cannot there be maintained against a person by reason of the lapse of time, an action thereon shall not be maintained against him in this state...