Reports of Cases Argued and Determined in the Supreme Court of the State of California, Volume 1Marvin & Hitchcock, 1851 |
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Page iii
California. Supreme Court. JUSTICES OF THE SUPREME COURT . S. C. HASTINGS , Chief Justice . H. A. LYONS , NATHL . BENNETT , * } Justices . FIRST DISTRICT , O. S. WETHERBY , SECOND DISTRICT , HENRY A. TEFFT . DISTRICT JUDGES . THIRD ...
California. Supreme Court. JUSTICES OF THE SUPREME COURT . S. C. HASTINGS , Chief Justice . H. A. LYONS , NATHL . BENNETT , * } Justices . FIRST DISTRICT , O. S. WETHERBY , SECOND DISTRICT , HENRY A. TEFFT . DISTRICT JUDGES . THIRD ...
Page 13
... justice of the peace in England , the public order was maintained by officers who bore the name of conservators of the peace , ( 4 Stephen's Comm . 37 , 38 ; ) and they were empowered to preserve the peace , to suppress riots and ...
... justice of the peace in England , the public order was maintained by officers who bore the name of conservators of the peace , ( 4 Stephen's Comm . 37 , 38 ; ) and they were empowered to preserve the peace , to suppress riots and ...
Page 22
... justice , to which I cannot give my assent . The alcalde's order being void , the allegations of the complaint are simply , that the plaintiff , while in the peaceable occupation of premises , was violently dispossessed by the ...
... justice , to which I cannot give my assent . The alcalde's order being void , the allegations of the complaint are simply , that the plaintiff , while in the peaceable occupation of premises , was violently dispossessed by the ...
Page 60
... justice of the peace , demanding , verbally , that the person who is to be made defendant be summoned , in order to proceed in the trial of conciliacion . ( See authorities last above cited . ) Article 10 ordains that no complaint ...
... justice of the peace , demanding , verbally , that the person who is to be made defendant be summoned , in order to proceed in the trial of conciliacion . ( See authorities last above cited . ) Article 10 ordains that no complaint ...
Page 65
... justice shall require , without regard to formal or technical defects , errors , or imperfections , not affecting the very right and justice of the case . Notwithstanding the importance which seems to be at- tached to the trial of ...
... justice shall require , without regard to formal or technical defects , errors , or imperfections , not affecting the very right and justice of the case . Notwithstanding the importance which seems to be at- tached to the trial of ...
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Common terms and phrases
action adverse possession affidavit affirmed agent Alcalde alleged Alviso answer appear appointed attorney authority Ayuntamiento BENNETT bill of lading California cause charge charter-party cited city of San Civil Law claim common carriers common law complaint constitution contempt contract counsel damages decision declared decree deed defendants delivery demurrer district court district of San Edward Norton entitled evidence executed facts favor governor grant ground habeas corpus held Hepburn Instance issue judgment judicial jurisdiction jury justice Justice of Peace land legislature liable lien lumber matter ment Mexican Mexican law MISJOINDER motion nonsuit opinion Ordered accordingly owner parties payment person plaintiff pleadings possession premises proceedings question quo warranto recover remittitur rendered rule San Francisco ship statute suit Suñol superior court supreme court taken term testator testimony thereof tion trial verdict vessel witnesses Woodworth writ
Popular passages
Page 175 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.
Page 245 - ... into the Union of the United States, and be admitted at the proper time (to be judged of by the Congress of the United States) to the enjoyment of all the rights of citizens of the United States, according to the principles of the Constitution; and in the mean time, shall be maintained and protected in the free enjoyment of their liberty and property, and secured in the free exercise of their religion without restriction.
Page 525 - Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press.
Page 245 - The Mexicans who, in the territories aforesaid, shall not preserve the character of citizens of the Mexican Republic, conformably with what is stipulated in the preceding article, shall be incorporated into the Union of the United States, and be admitted at the proper time (to be judged of by the Congress of the United States...
Page 532 - That the printing presses shall be free to every person, who undertakes to examine the proceedings of the legislature or any branch of government: and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man; and every citizen may freely speak, write and print on any subject, being responsible for the abuse of that liberty.
Page 172 - If no such objection be taken, either by demurrer or answer, the defendant shall be deemed to have waived the same, excepting only the objection to the jurisdiction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action.
Page 244 - Those who shall prefer to remain in the said territories may either retain the title and rights of Mexican citizens, or acquire those of citizens of the United States. But they shall be under the obligation to make their election within one year from the date of the exchange of ratifications of this treaty ; and those who shall remain in the said territories after the expiration of that year, without having declared their intention to retain the character of Mexicans, shall be considered to have...
Page 138 - 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...
Page 16 - SEC. 3. In order that no inconvenience may result to the public service from the taking effect of this Constitution, no...
Page 330 - When the parties do not consent, the court may, upon the application of either, or of its own motion, direct a reference in the following cases : 1. When the trial of an issue of fact requires the examination of a long account on either side ; in which case, the referees may be directed to hear and decide the whole issue, or to report upon any specific question of fact involved therein ; 2.