A digest of the decisions of the Supreme Court of the State of California: contained in the sixteen volumes of Reports, from the formation of the Court, in 1850, until January, 1861, with a complete list of cases affirmed, reversed, qualified, commented upon, or abrogated by statute, Volume 2
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9 Cal action agent alleged appeal assignment attachment attorney authority averment Bear River bill bond City of San complaint contract conveyance court of equity court of sessions creditor damages debt decree defendant ditch ejectment entitled equity erty evidence execution fact fendant filed foreclosure fraud grant ground held injunction interest judge judgment jurisdiction jury land lease legislature levy liable lien mandamus mechanic's lien ment mining claim misjoinder mortgage mortgagor motion notice ordinance owner paid party payment person plaint plaintiff pleading possession premises promissory note proof purchase money real estate record recover rent replevin Sacramento San Francisco sheriff sheriff's deed sheriff's sale sold statute statute of frauds subsequent sufficient suit supervisors supreme court sureties tenant thereof tion tract trespass trial trust valid vendee vendor verdict vessel void warrants witness writ Yuba County
Page 802 - Actions for the following causes must be tried in the county where the cause, or some part thereof, arose...
Page 976 - An act to appropriate the proceeds of the sales of the public lands, and to grant preemption rights...
Page 825 - To an appropriation within the 'meaning of the Constitution, nothing more is requisite than a designation of the amount, and the fund out of which it shall be paid.
Page 956 - If the city obtain money of another by mistake, or without authority of law, it is her duty to refund it — not from any contract entered into by her on the subject, but from the general obligation to do justice which binds all persons whether natural or artificial.
Page 908 - AD, 1850; or by virtue of any conveyance duly made by the commissioners of the funded debt of the city of San Francisco, •and recorded on or before the first day of January, 1855, shall, for all the purposes contemplated by this ordinance, be deemed to be the possessors of the land so granted, although the said lands may be in the actual occu'pancy of persons holding the same adverse to the said grantees.
Page 1031 - the exhibition by a judge of partisan feeling, or the unnecessary expression of an opinion upon the justice or merits of a controversy, though exceedingly indecorous, improper and reprehensible, as calculated to throw suspicion upon the judgments of the court, and bring the administration of justice into contempt, are not, under our statute, sufficient to authorize a change of venue on the ground that the judge is disqualified from sitting.
Page 997 - To hold, purchase and convey such real and personal estate, as the purposes of the corporation shall require, not exceeding the amount limited in its charter:
Page 1002 - The plaintiff out of possession cannot sue for property severed from the freehold, when the defendant is in possession of the premises from which the property was severed — holding them adversely in good faith under claim and color of title ; in other words, the personal action cannot be made the means of litigating and determining the title to the real property as between conflicting claimants.