Reports of Cases Determined in the District Courts of Appeal of the State of California, Volume 58Bancroft-Whitney Company, 1923 - Law reports, digests, etc Vols.106-140 includes section "Reports of cases determined in the appellate departments of the Superior court of the State of California." |
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Results 1-5 of 88
Page 2
... constitutes such a waiver . [ 7 ] ID . - JUDGMENT - TIME . - The right of appeal from a judgment was lost where the appeal was taken more than sixty days after its entry , and the notice of intention to move for a new trial was not ...
... constitutes such a waiver . [ 7 ] ID . - JUDGMENT - TIME . - The right of appeal from a judgment was lost where the appeal was taken more than sixty days after its entry , and the notice of intention to move for a new trial was not ...
Page 20
... constitute a cause of action " ; that the court over- ruled the demurrer and the defendant answered , alleging " that the court has no jurisdiction of the person of the defendant or of the subject matter of the action for the reason ...
... constitute a cause of action " ; that the court over- ruled the demurrer and the defendant answered , alleging " that the court has no jurisdiction of the person of the defendant or of the subject matter of the action for the reason ...
Page 25
... constitute a ' case , ' it is a case at law , not in equity nor in admiralty ; and if such a case is reviewable under present laws it can only be on writ of error , and only errors of law appearing of record can be reviewed . It is ...
... constitute a ' case , ' it is a case at law , not in equity nor in admiralty ; and if such a case is reviewable under present laws it can only be on writ of error , and only errors of law appearing of record can be reviewed . It is ...
Page 26
... constitute a ' case ' within the meaning of the sixth section of the judiciary act of 1891 , and this court is without jurisdiction to review the same . " In United States v . Neugebauer , 221 Fed . 938 [ 137 C. C. A. 508 ] , the United ...
... constitute a ' case ' within the meaning of the sixth section of the judiciary act of 1891 , and this court is without jurisdiction to review the same . " In United States v . Neugebauer , 221 Fed . 938 [ 137 C. C. A. 508 ] , the United ...
Page 37
... constitute a public offense . The part of the first count of the information which is under criticism in this regard reads as follows : " that the said John R. Crowley was induced . . . to pay over and deliver to the said B. D. ...
... constitute a public offense . The part of the first count of the information which is under criticism in this regard reads as follows : " that the said John R. Crowley was induced . . . to pay over and deliver to the said B. D. ...
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Common terms and phrases
action affirmed agreement alleged amendment Appellate District attorney authority automobile bill of exceptions board of supervisors cause heard charged Cheda circumstances Civil Procedure claim Code of Civil Company complaint constitute contention contract contributory negligence corporation County court of appeal criminal cross-complaint damages deceased deed defendant defendant's district attorney district court dollars evidence execution facts fendant filed finding instruction Judge judgment jurisdiction juror jury land last clear chance lease liquor Mendocino County ment mortgage motion opinion owner Pacific Electric Railway party payment person petition petitioner plaintiff possession premises pro tem proceeding promissory note prosecution purchase question reason record refused Respondent school district statute sufficient Superior Court supreme court testified testimony therein thereof tion trial court trust vendees verdict wharf wife witness writ writ of mandate
Popular passages
Page 48 - Authorizes the sale of collateral securities in case the instrument be not paid at maturity; or 2. Authorizes a confession of judgment if the instrument be not paid at maturity ; or 3. Waives the benefit of any law intended for the advantage or protection of the obligor ; or 4. Gives the holder an election to require something to be done in lieu of payment of money.
Page 498 - No county, city, town, township, board of education, or school district, shall incur any indebtedness or liability in any manner or for any purpose exceeding in any year the income and revenue provided for such year, without the assent of two-thirds of the qualified electors thereof, voting at an election to be held for that purpose...
Page 344 - ... at the expiration of the said term, or other determination of this lease, the said party of the second part will quit and surrender the premises hereby demised in as good state and condition as reasonable use and wear thereof will permit, damages by the elements excepted...
Page 634 - An indictment, information, or complaint may charge two or more different offenses connected together in their commission, or different statements of the same offense or two or more different offenses of the same class of .crimes or offenses under separate counts...
Page 289 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this Code. The Code establishes the law of this State respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
Page 126 - ... 10. The opinion of a subscribing witness to a writing, the validity of which is in dispute, respecting the mental sanity of the signer; and the opinion of an intimate acquaintance respecting the mental sanity of a person, the reason for the opinion being given; 11.
Page 586 - Where the variance Is not material, as provided in the last section, the Court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs.
Page 387 - If the transcript of the record or appellant's points and authorities be not filed within the time prescribed, the appeal may be dismissed on motion, upon notice given. If the transcript, or the points and authorities, though not filed within the time prescribed, be on file at the time such notice is given, that fact shall be sufficient answer to the motion.
Page 820 - In every crime or public offense there must exist a union, or joint operation of act and intent, or criminal negligence.
Page 303 - The intention of the party making the annexation, to make the article a permanent accession to the freehold — this intention being inferred from the nature of the article affixed, the relation and situation of the party making the annexation, the structure and mode of annexation, and the purpose or use for which the annexation has been made.