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In the Superior Court of San Diego County, State of California: I. Goldtree, Plaintiff, Vs; John D. Spreckels, Defendant; Opinion of Hon. E. S. Torrance, Judge of the Superior Court (Classic Reprint)

California Superior Court
4.9/5 (13937 ratings)
Description:Excerpt from In the Superior Court of San Diego County, State of California: I. Goldtree, Plaintiff, Vs; John D. Spreckels, Defendant; Opinion of Hon. E. S. Torrance, Judge of the Superior Court The iirst question Of law which arises is this: \vbar probative effect is to be given to the bond issued in the course Of the proceedings referred to in the amended complaint? Is such bond to be regarded merely as 1' rima forte evidence Of the regularity of the proceedings. Or is it to be regarded as conclu siz'e evidence Of their regularitv? On the plaintiff's side. It is claimed that the amendment Of 1899 con trols. That the Legislature has full power to a'ter or change the rules of evidence at its pleasure. And that the amendment Of 1899 makes municipal improve ment bonds only prima facie evidence Of the regularity of the proceedings. On the other side. It is contended that the provisions of the amendment Of 1891. Making the bond conclusive evidence. Entered into and be came a part of the contract Of the holder of the bond. And of the contract of the purchaser at tl.e ta sale: and that. Therefore. The Legislature hal no ctasttu tional power to change the statute i'i fer c: at 11: time the contract was entered into and the sa e \'as made. Estab'ishing a conclusive presumption. Bv'enacting 1 (cl. Lt s.at11te which created mere'v a prima t1 (1e 1 resumption. In my juden cut. The contention of defendant's counsel. Both xc son and authority. Must l-e sustained. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.We have made it easy for you to find a PDF Ebooks without any digging. And by having access to our ebooks online or by storing it on your computer, you have convenient answers with In the Superior Court of San Diego County, State of California: I. Goldtree, Plaintiff, Vs; John D. Spreckels, Defendant; Opinion of Hon. E. S. Torrance, Judge of the Superior Court (Classic Reprint). To get started finding In the Superior Court of San Diego County, State of California: I. Goldtree, Plaintiff, Vs; John D. Spreckels, Defendant; Opinion of Hon. E. S. Torrance, Judge of the Superior Court (Classic Reprint), you are right to find our website which has a comprehensive collection of manuals listed.
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1333667523

In the Superior Court of San Diego County, State of California: I. Goldtree, Plaintiff, Vs; John D. Spreckels, Defendant; Opinion of Hon. E. S. Torrance, Judge of the Superior Court (Classic Reprint)

California Superior Court
4.4/5 (1290744 ratings)
Description: Excerpt from In the Superior Court of San Diego County, State of California: I. Goldtree, Plaintiff, Vs; John D. Spreckels, Defendant; Opinion of Hon. E. S. Torrance, Judge of the Superior Court The iirst question Of law which arises is this: \vbar probative effect is to be given to the bond issued in the course Of the proceedings referred to in the amended complaint? Is such bond to be regarded merely as 1' rima forte evidence Of the regularity of the proceedings. Or is it to be regarded as conclu siz'e evidence Of their regularitv? On the plaintiff's side. It is claimed that the amendment Of 1899 con trols. That the Legislature has full power to a'ter or change the rules of evidence at its pleasure. And that the amendment Of 1899 makes municipal improve ment bonds only prima facie evidence Of the regularity of the proceedings. On the other side. It is contended that the provisions of the amendment Of 1891. Making the bond conclusive evidence. Entered into and be came a part of the contract Of the holder of the bond. And of the contract of the purchaser at tl.e ta sale: and that. Therefore. The Legislature hal no ctasttu tional power to change the statute i'i fer c: at 11: time the contract was entered into and the sa e \'as made. Estab'ishing a conclusive presumption. Bv'enacting 1 (cl. Lt s.at11te which created mere'v a prima t1 (1e 1 resumption. In my juden cut. The contention of defendant's counsel. Both xc son and authority. Must l-e sustained. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.We have made it easy for you to find a PDF Ebooks without any digging. And by having access to our ebooks online or by storing it on your computer, you have convenient answers with In the Superior Court of San Diego County, State of California: I. Goldtree, Plaintiff, Vs; John D. Spreckels, Defendant; Opinion of Hon. E. S. Torrance, Judge of the Superior Court (Classic Reprint). To get started finding In the Superior Court of San Diego County, State of California: I. Goldtree, Plaintiff, Vs; John D. Spreckels, Defendant; Opinion of Hon. E. S. Torrance, Judge of the Superior Court (Classic Reprint), you are right to find our website which has a comprehensive collection of manuals listed.
Our library is the biggest of these that have literally hundreds of thousands of different products represented.
Pages
Format
PDF, EPUB & Kindle Edition
Publisher
Release
ISBN
1333667523
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