Reports of Cases Determined in the Supreme Court of the State of California, Volume 48Bancroft-Whitney, 1875 - Law reports, digests, etc |
Contents
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Common terms and phrases
action admitted adverse possession alleged appeal argued Argument for Appellant Argument for Respondent assessment assignment attorney authority averred charge cited City and County claim complaint Constitution contract convey conveyance corporation counsel County of San county seat Court of equity Court---Crockett Court-Wallace declared decree deed defendant denied District Court effect entitled equity evidence executed executor fendant grant Humboldt Bay hundred dollars indictment issued John judgment affirmed Judgment and order jurisdiction jury Legislature lien MCKINSTRY ment metes and bounds mortgage motion nonsuit Opinion Option law owner paid parties payment person plaintiff possession premises Probate Court purchase question railroad recover Remittitur forthwith Sacramento river San Francisco sell Sheriff Sheriff's deed Sime special Act Spring Valley Statement of Facts statute Stayton stocks street Sutter testator thousand Tilden & Breed tion tract trial trust verdict void witness
Popular passages
Page 291 - It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debt by such municipal corporations...
Page 283 - That principle is that the sole end for which mankind are warranted, individually or collectively, in interfering with the liberty of action of any of their number is self-protection. That the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others.
Page 289 - In case of the impeachment of the Governor, or his removal from office, death, inability to discharge the powers and duties of the said office, resignation, or absence from the State, the powers and duties of the office shall devolve upon the Lieutenant-Governor for the residue of the term, or until the disability shall cease.
Page 517 - The Legislature shall have no power to pass any act granting any special charter for banking purposes ; but corporations or associations may be formed for such purposes under general laws.
Page 293 - To avoid improper influences which may result from intermixing in one and the same act such things as have no proper relation to each other, every law shall embrace but one object, and that shall be expressed in the title.
Page 333 - If it appear by the testimony, that the facts proved constitute a crime of a higher nature than that charged in the indictment, the court may direct the jury to be discharged, and all proceedings on the indictment to be suspended, and may order the defendant to be committed, or continued on or admitted to bail, to answer any new indictment which may be found against him for the higher offense.
Page 53 - No man, nor corporation or association of men, have any other title to obtain advantages or particular and exclusive privileges distinct from those of the community than what arises from the consideration of services rendered to the public...
Page 293 - ... upon the journal, and proceed to reconsider it. If, after such reconsideration, it again pass both houses, by yeas and nays, by a majority of two-thirds of the members of each house present, it shall become a law, notwithstanding the Governor's objections.
Page 53 - All men are born free and equal, and have certain natural, essential, and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing, and protecting property; in fine, that of seeking and obtaining their safety and happiness.
Page 283 - ... the only purpose for which power can be rightfully exercised over any member of a civilized community against his will is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant. He cannot rightfully be compelled to do or forbear because it will be better for him to do so, because it will make him happier, because in the opinions of others to do so would be wise or even right.