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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Page 75
... negligence or forgetfulness and without motive , either good or bad . ( Schwarze v . Roessler , 40 Ill . App . 474. ) Not only is there no statutory provision under which the books were admissible , but it is the general rule that books ...
... negligence or forgetfulness and without motive , either good or bad . ( Schwarze v . Roessler , 40 Ill . App . 474. ) Not only is there no statutory provision under which the books were admissible , but it is the general rule that books ...
Page 79
... negligent in falling asleep , while here the plaintiff offered to prove that he was wholly without fault . Thompson v ... negligence . In such cases it has generally been held sufficient for the party charged to June , 1922. ] 79 POOLE v ...
... negligent in falling asleep , while here the plaintiff offered to prove that he was wholly without fault . Thompson v ... negligence . In such cases it has generally been held sufficient for the party charged to June , 1922. ] 79 POOLE v ...
Page 85
... NEGLigence of CarrIERS ISSUES IMMATERIAL FINDING . Where in an action to recover freight charges in connection with the shipment of a carload of grapes no issue as to delay of the carriers in transporting the car or negligence or want ...
... NEGLigence of CarrIERS ISSUES IMMATERIAL FINDING . Where in an action to recover freight charges in connection with the shipment of a carload of grapes no issue as to delay of the carriers in transporting the car or negligence or want ...
Page 88
... negligence , or want of proper care in han- dling the grapes was tendered by the pleadings or tried by the court ; hence the purported finding that the grapes upon the arrival of the car were , due to no fault of the carriers , in a ...
... negligence , or want of proper care in han- dling the grapes was tendered by the pleadings or tried by the court ; hence the purported finding that the grapes upon the arrival of the car were , due to no fault of the carriers , in a ...
Page 267
... negligence " and then further defines criminal negligence as a want of the atten- tion that a prudent man ordinarily bestows , is erroneous and is properly refused . [ 4 ] ID . REASONABLE DOUBT - PRESUMPTION OF INNOCENCE - INSTRUC ...
... negligence " and then further defines criminal negligence as a want of the atten- tion that a prudent man ordinarily bestows , is erroneous and is properly refused . [ 4 ] ID . REASONABLE DOUBT - PRESUMPTION OF INNOCENCE - INSTRUC ...
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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.