Reports of Cases Argued and Determined in the Supreme Court of the State of California, Volume 1Marvin & Hitchcock, 1851 |
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Page viii
... term , 1851 , together with one case decided at the October term , 1851 . Such are the reasons why the undersigned presents to the members of the profession in California , the following volume . I have here to acknowledge the ...
... term , 1851 , together with one case decided at the October term , 1851 . Such are the reasons why the undersigned presents to the members of the profession in California , the following volume . I have here to acknowledge the ...
Page 9
... TERM , 1850 . THE PEOPLE vs. SMITH , et al . It is too late to raise an objection to an affidavit or warrant of arrest on a criminal charge , after the examination of the prisoner has been had , and it appears that there is probable ...
... TERM , 1850 . THE PEOPLE vs. SMITH , et al . It is too late to raise an objection to an affidavit or warrant of arrest on a criminal charge , after the examination of the prisoner has been had , and it appears that there is probable ...
Page 12
... term of said court to be held in and for said district , " by virtue and in pursuance of the statute laws now passed or " which may hereafter be passed by the legislature of the state " now in session . " It is claimed that this ...
... term of said court to be held in and for said district , " by virtue and in pursuance of the statute laws now passed or " which may hereafter be passed by the legislature of the state " now in session . " It is claimed that this ...
Page 14
... terms prescribed and known , we should , perhaps , not deem it within the proper exercise of a sound dis- cretion to bail them ; but considering the want of definite and well understood laws regulating proceedings in the existing courts ...
... terms prescribed and known , we should , perhaps , not deem it within the proper exercise of a sound dis- cretion to bail them ; but considering the want of definite and well understood laws regulating proceedings in the existing courts ...
Page 38
... term of this court , the above order of the court of First Instance is reversed , and the court below is ordered to enter judgment upon the verdict . Payne v . Jacobs . PAYNE US . JACOBS , 38 CASES IN THE SUPREME COURT .
... term of this court , the above order of the court of First Instance is reversed , and the court below is ordered to enter judgment upon the verdict . Payne v . Jacobs . PAYNE US . JACOBS , 38 CASES IN THE SUPREME COURT .
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Common terms and phrases
action adverse possession affidavit affirmed agent Alcalde alleged Alviso answer appear appointed attorney authority 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 respondent 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.