« AnteriorContinuar »
3---Municipal, is creature purely of sta. EQUITY.-Never enforces a penalty or
forfeiture ; relief in ; decree in. Kl.
Commisstoners' deed by Court cuts
of articles. Monterey and Salinas Val Bauk v. Harrigan,
318 ESTOPPEL.--What constitutes, as
act as attorney in fact for another.
Hagar v. Spect,
EVIDENCE.---(See School Trustees ;
64 Criminal Law, 1, 2; New T'rial;
doubt in degree of offence ; jury may fact, to be left to jury ; evidence of
131 of witnesses. Shafter v. Evans, 104
EXECUTOR.- Powers of, suspended
until determination of petition alleging
waste. Estate of White.
2-Cannot present unsettled account of
deceased executor. Wetzler v. Fitch, 46
3-Is an officer of the court; holds
property of the estate in trust. Ex
parte Smith. (See Contempt.)
FACTORS. Power of, to deal with
86 eral, in favor of one party or the
channel ; owner of land entitled to; the issues. Johnson v. Squires, 111
149 posed of by. Phipps v. Harlan,
dester v. Con. People's Ditch Co., 1524 -Express finding of ouster, what is.
dertaking. Hurd v. Barnhardt, 168 5-Must support judgment. People of
City, and County of San Francisco v.
61 6-Must show possession of mining
ground and title acquired under act of
Congress of May 10, 1872 Gelcick v.
of, cause of reversal. Christie v. grantor. Ybarra v. Lorenzana. (See
GOLD COIN.--(See Trespass, 2.)
GUARDIAN. --Settlement of, with ward
against, not to be brought before. Al.
cessary at time of filing declaration.
359 JUDICIAL DECISIONS under Homestead
law. (See Mortgage, 2,)
be considered. Green v. Whipple, 244 contract entitling to. Bank of Califor-
24712-10 action for malicious injunction,
analice and want of probable cause must effect of subsequent action against
concnr. Anderson et al. v. Coleman, 397 firin. Barber v. Barnes,
Must not be contradictory. Chidester land to be made parties in action to
152 determine title. Robinson v. Gleeson, 88
PARTITION.--Any one of several co-
tenants of real property may institute
Peace in trespass wliere answer in. sale directed, an interlocutory decree
PETITION FOR RE-HEARING.--.
Omission to file in time. Baker v.
| PLEADINGS.-Must be appropriate and
28! directed to particular issues before re-
lief can be given on that ground. Bih-
1 ler v. Platt,
12--In action for goods furnished wife,
complaint must aver thein sold to
husband. Simon, Jacobs & Co. v.
3--If no counter claim, plaintiff may
dismiss action; what is not a counter
claim; appealable order. James et al.
4-Averment of ownership of fences in
v. Mor an,
15--Under general denial special matters
of defense not to be proved. McGuire
1 y. Quintana. (See Criminal Law, 3.) 246
ground must be so marked as to en s wer, effect of. Cave et al. v, Crafts
POISON.-Definition of. (See Criminal
.POWER OF ATTORNEY.-(See Mar.
2.) An estate in fee not necessary to
of adverse claim to real estate. Pierce
03 2-Material issues made by pleadings to
ent on action of sheriff or clerk ; their not to be amended after appeal taken.
duties ministerial. Frost v. Meetz, 135 Baggs v. Smith,
cured by, effect of; may be foreclosed Kelly v. McKibben,
165 Smith v. Lawrence,
15--Acceptance of notice of motion for
new trial, effect of.
Frost v. Meetz,
6-Denial of rehearing not to control ac.
for too much. Sepulveda v. Jolinson, 248 | PRESUMPTION.-(See School Trus-
statute of March 24, 1870. Wanzer County of San Francisco v. Quacken-
residence of pre-emption settler must not referring to diagram, invalid ;
235 4 Resolution of City Council relative
to ; effect of. City of Stockton v.
183 lature either before or after value of
property is ascertained ; provision that
would exempt from taxation, if so
construed, void. People v. Latham,
2--Deed for, when void on face; threat
to sell under illegal levy of, not du.
mative defenses may be set up, and etc., (See Constitutional Law.)
TENANTS IN COMMON.-Nature of
title not changed by transfers to dif.
ferent grantees ; lands may be held in
common.and in severalty according to
the derivation of title. Bihler v. Platt, 10
2- What establishes the relation of.
Heinlen v. Martin,
163 denial of contract; averment in com-
(Chipley v. Farris, 45 Cal., 527, ap ing, sufficient. Dowd v. Clark,
plied.) Honghton y. Hardenburgh, 385 TRESPASS.--Cannot be committed by
after survey, entitled to certificate of land under claim of right. Snow v.
1422--In action of, judgment not to be in
gold coin. · Livingston v. Morgan. (See
of action. Guerra v. Newhall et al., 419
of land, in' action on, must be alleged
to have been accepted ; also, that the
property was taken for which compeu-
sation is sought ; averment of damages
necessary. Villac v. Stockton and
partment upon questions of purchase
WAREHOUSE RECEIPT.--I8 negotia.
ble ; effect of transfer ; possession of,
endorsed in blank; pledge of to secure
antecedent debt; notice to warehouse-
man. Davis v. Russell,
chase of land; adverse use of, for more
than five years, effect of ; grant of by
act of Congress of July 26, 1866. ('ato
et al. v. Crafts et al. (See Injunction.) 359
| WILL.--- Construction of ; contingent
life estate in. Hilliard v. Pacheco et
to be charged. People of City and collateral point, nor cross-examined for
INDEX TO DECISIONS OF CALIFORNIA.
purpose of contradiction on. People Reynolds v. Groneville,
Pacific Mu. Life Ins. Co. v. Brady,
McFarlane et al.,
circumstance showing guilt. People v. 5—Nonsuit. Judson v. Seligman et al., 422
16—“Van Ness Ordinance." McLeran
EQUITY.---To quiet title.
Ad'mn., v. Irwin et al.,
320 | EVIDENCE._"Casement tract.” Stro-
ther v. Diefendorff,
derpinning walls. Zeile' y. Hood
FRANCHISE.- Forfeiture ; demurrer.
San Francisco v. City Gas Company,
GUARANTEE. Verbal. Harris v.
2_Written. Ambrose v. Roper et al., 386
HOMESTEAD. — Actual Residence.
Gottschalk v. Kester,
2-Claim; injunction. Plummer v. Alex-
ander et al.,
INJUNCTION.-Moulton v. Parks et al.,
2-Defamatory publication. Clay v.
Meyerstein & Co.,
JUDGMENT.--- Default. Commercial
Bank v. Baldwin,
LARCENY.-Grand. People v. Herera, 338
LEASE.--Infraction of. Sampson v.
Stickney & Combes,
' 5012--Recovery of rent on. Head v.' Bell, 233
3-Lease of Water Lots.
Young v. City
260 LICENSE.-Of national banks. City
of Stockton v. National Gold Bank of
LIEN.-Delinquent Reclamation Assess.
114 ment. Swamp Land Dist., No. 150,
* 258 MAL-PRACTICE. ---Professional medi-
cal services. Wooster v. Paige, 188
256 MANDAMUS.--Contract. Seale v. B'd
173 MORTGAGE.- Foreclosure of. Rosen-
1582-Foreclosure. Bank of San Louis
3_-Foreclosure-demurrer. Rogers et al. STATE LANDS.---Application to pur.
174 chase. Silver v. Mullan et al. 334
3—State title. Bugbey v. Natoma W.
& M. Co.,
400 STORAGE.---Loss by fire ; change of
38 STREET ASSESSMENT.-City of
Stockton v. Holden,
Dyer v. Brandenstein,
Parker v. Altschul,
1133_Want of jurisdiction; ivsufficient pe-
399 SWAMP LAND.-Purchase. Botsford
TAX TITLE.—Validity of. Miller v.
public use, under order No. 800, of Commissioners. People v. Hooper &
U, S. LAND APPLICATION.-Bascom
VAN NESS ORDINANCE.---Funded
son v. Stone,
431 State of California v. S. P. Railroad,