0362-01.html.docx
Walton vs. Minturn. A defendant should set forth the true nature of bis defense in his answer, and in case he does not, should not be permitted to ins...
0254-01.html.docx
Suñol et al. vs. Hepburn et al. (a) 255One who is in ihe actual possession of land cannot, by process of law, be dispossessed by another who has neith...
0329-01.html.docx
In the Matter of The “California College.” In an application for an order to incorporate a college under the act of 1850, it is necessary that subscri...
0207-01.html.docx
Tohler vs. Folsom et al. The case of Horn v. Simmons et al., (ante, p. 119,) deciding that a verbal contract, of itself alone, was insufficient, under...
0216-01.html.docx
Mena vs. Le Roy et al. Alcaldes in the departments of California, New Mexico, and Tabasco, were empowered to perform the functions of judges of First ...
0158-01.html.docx
Grogan & Lent vs. Ruckle. In an action on a promissory note by a special endorsee against the maker, the plaintiff must prove at the trial the genuine...
0396-01.html.docx
Elliott vs. Osborne et al. A motion for a new trial in the district court, must be made within four days after rendition of the judgment. An injunctio...
0369-01.html.docx
Persse et al. vs. Cole. Where this court sees clearly and beyond all doubt that the rejection of proper, or the admission of improper evidence, could ...
0415-01.html.docx
Craig vs. Godfroy et al. The memorandum required by the Statute of Frauds to be entered by an auctioneer in his sale book, must be made at the very ti...
0413-01.html.docx
Fisher vs. Salmon. A deed, purporting to convey real estate, executed by an agent or attorney in his own name, instead of the name of his principal, i...
0455-01.html.docx
Weber vs. The City of San Francisco et al. Where an assessment is laid upon land in the city of San Francisco, it is not within the province of a cour...
0167-01.html.docx
Rowe vs. Chandler & Dennison. Where two persons are sued jointly upon a joint contract, judgment may be rendered in favor of the plaintiff against one...
0181-01.html.docx
Bunting vs. Beideman et al. A contract for the sale of goods, for the price of two hundred dollars or over is void \ unless a note or memorandum of su...
0193-01.html.docx
Grogan & Lent vs. Ruckle. This court may, after its judgment has been pronounced, direct a re-hearing at any time before the remittitur has been sent ...
0231-01.html.docx
Mateer vs. Brown. This court retains control of a cause on appeal, until the remittitur is filed with the court below. The case of Grogan ⅜ Lent v. Ru...
0478-01.html.docx
Sterling vs. Hanson et al. Where, on appeal, the complaint is so radically defective as not to authorize the judgment of the court below, a new trial ...
0232-01.html.docx
The People, ex rel. The Attorney General, vs. Naglee. The state has the power to require the payment by foreigners of a license fee for the privilege ...
0368-01.html.docx
Bernard vs. Mullot and others. To entitle a defendant to set off a claim against the demand of the plaintiff, he must set forth in his answer the natu...
0445-01.html.docx
Smith vs. The Pacific Mail Steamship Co. Where the record of a court of First Instance, returned on appeal, is imperfect, the court will, under the st...
0221-01.html.docx
Mateer vs. Brown. The decision in Ringgold v. Haven, (ante,p. 108.) that the power of compulsory non-suit exists, approved. Where a party moves for a ...