The Pacific Reporter, Volume 22West Publishing Company, 1890 - Law reports, digests, etc |
Contents
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Common terms and phrases
action adverse possession affirmed alleged amount answer Appeal from superior attorney cause cause of action charged Cimarron Civil Code claim Code Civil Proc complaint concur constitution contract counsel county-seat Court of California decree deed defendant defendant's demurrer dence denied district court duty election entitled error erty evidence executed fact fence fendant filed findings fraud Gray county ground held Ingalls instruction interest issue Judge jurisdiction jury land legislature lien Logan township marriage ment Montezuma townships mortgage motion opinion owner paid parties payment person plaintiff plaintiff in error pleadings possession proceedings provides purchase purpose question quiet title railroad reason record refused register of deeds respondent rule sheriff statute sufficient superior court Supreme Court territory testified testimony therein thereof tiff tion township trial voters votes wife witness writ Wyandotte county
Popular passages
Page 247 - ... to establish a defence on the ground of insanity, it must be clearly proved that at the time of the committing of the act the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Page 173 - All other officers whose election or appointment is not provided for by this Constitution, and all officers whose offices may hereafter be created by law, shall be elected by the people, or appointed, as the Legislature may direct.
Page 105 - It is but a decent respect due to the wisdom, the integrity, and the patriotism of the legislative body, by which any law is passed, to presume in favor of its validity, until its violation of the constitution is proved beyond all reasonable doubt.
Page 173 - The powers of the government of the state of California shall be divided into three separate departments: the legislative, the executive, and judicial; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any functions appertaining to either of the others, except in the cases hereinafter expressly directed or permitted.
Page 208 - Upon a trial for murder, the commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter, or that the defendant was justifiable or excusable.
Page 397 - One who finds lost property under circumstances which give him knowledge of or means of inquiry as to the true owner, and who appropriates such property to his own use, or to the use of another person not entitled thereto, without first making reasonable and just efforts to find the owner and restore the property to him, is guilty of larceny.
Page 13 - Snyder, of the second part, witnesseth, that the said party of the first part, for and in consideration of the sum of one dollar to them In hand paid by the said party of the second part...
Page 253 - ... in trust for the several use and benefit of the occupants thereof, according to their respective interests...
Page 222 - That whenever by priority of possession rights to the use of water for mining, agricultural, manufacturing, or other purposes have vested and accrued and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same...
Page 207 - A criminal action may be removed from the court in which it is pending on application of the defendant, on the ground that a fair and impartial trial cannot be had in the county.