Reports of Cases Determined in the Supreme Court of the State of California, Volume 125Bancroft-Whitney, 1906 - Law reports, digests, etc |
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Page 11
California. Supreme Court. Griffin answered denying the charge of undue influence . In October , 1890 , W. B. Bradbury was ... answer to this complaint in intervention consisted of denials and an iteration of the matters pleaded in the ...
California. Supreme Court. Griffin answered denying the charge of undue influence . In October , 1890 , W. B. Bradbury was ... answer to this complaint in intervention consisted of denials and an iteration of the matters pleaded in the ...
Page 15
... answer to the merits of the action . His motion was denied by an order given on May 12 , 1896. Thereafter he moved for a new trial of this motion , and by its order of May 8 , 1897 , the court denied his latter application . He took his ...
... answer to the merits of the action . His motion was denied by an order given on May 12 , 1896. Thereafter he moved for a new trial of this motion , and by its order of May 8 , 1897 , the court denied his latter application . He took his ...
Page 16
... answer is not appealable : 1. Because the practice of moving for a new trial of a motion is one neither countenanced nor permitted by our procedure ( Code Civ . Proc . , secs . 590 , 656 ) ; and 2. Because a subsequent order re- fusing ...
... answer is not appealable : 1. Because the practice of moving for a new trial of a motion is one neither countenanced nor permitted by our procedure ( Code Civ . Proc . , secs . 590 , 656 ) ; and 2. Because a subsequent order re- fusing ...
Page 49
... answer deny the averments of the complaint , and set up as a counter- claim that plaintiffs are indebted to them for goods , wares , and merchandise sold , et cetera , in the sum of three hundred dollars . The jury returned a verdict ...
... answer deny the averments of the complaint , and set up as a counter- claim that plaintiffs are indebted to them for goods , wares , and merchandise sold , et cetera , in the sum of three hundred dollars . The jury returned a verdict ...
Page 55
... answer relating to the same subject matter . Plaintiff alleges that seven hundred and thirty - four thousand tons of ore were milled under the said contract with Jones and the milling company . And , after alleging various other matters ...
... answer relating to the same subject matter . Plaintiff alleges that seven hundred and thirty - four thousand tons of ore were milled under the said contract with Jones and the milling company . And , after alleging various other matters ...
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Common terms and phrases
adverse possession affirmed alleged amended amount answer Appellant application attorney averred cause of action cent charge City and County Civil Code Civil Procedure claim Code Civ Code of Civil complaint concurred contract County of San creditors debt deceased declared decree deed defendant defendant's deficiency judgment demurrer Dyke entitled evidence execution executor facts favor fendant filed findings foreclosure Garoutte grant ground Hearing in Bank Henshaw homestead insolvent instruction issue Judge judgment and order juror jury land liability lien McFarland ment mortgage motion notice opinion order denying owner paid parties payment person plaintiff possession premises purchaser question quiet title reason recover Respondent Robert Bright rule San Francisco Santa Barbara county sheriff's deed statute sufficient Superior Court supra testified therein thereof thousand dollars tion Tirey L trial court trust verdict witness
Popular passages
Page 67 - ... but also as to every other matter which the parties might have litigated...
Page 406 - it is undoubtedly settled law that a judgment of a court of competent jurisdiction upon a question directly involved in one suit is conclusive as to that question in another suit between the same parties. But to this operation of the judgment it must appear, either upon the face of the record or be shown by extrinsic evidence, that the precise question was raised and determined in the former suit.
Page 325 - The homestead consists of the dwelling house in which the claimant resides, and the land on which the same is situated, selected as in this title provided.
Page 193 - The general assembly shall not delegate to any special commission, private corporation or association, any power to make, supervise, or interfere with any municipal improvement, money, property, or effects, whether held in trust or otherwise, or to levy taxes, or perform any municipal function whatever.
Page 354 - If the appeal be from a judgment or order directing the payment of money, it does not stay the execution of the judgment or order, unless a written undertaking be executed on the part of the appellant, by two or more sureties, to the effect that they are bound in double the amount named in the judgment or order...
Page 354 - ... two or more sureties, to the effect that during the possession of such property by the appellant, he will not commit, or suffer to be committed, any waste thereon, and that if the judgment...
Page 412 - Each stockholder of a corporation, or joint-stock association, shall be individually and personally liable for such proportion of all its debts and liabilities contracted or incurred, during the time he was a stockholder, as the amount of stock or shares owned by him bears to the whole of the subscribed capital stock, or shares of the corporation or association.
Page 126 - Whenever the illegality appears, whether the evidence comes from one side or the other, the disclosure is fatal to the case. No consent of the defendant can neutralize its effect A stipulation in the most solemn form to waive the objection, would be tainted with the vice of the original contract, and void for the same reasons.
Page 127 - The test whether a demand connected with an illegal transaction is capable of being enforced at law is whether the plaintiff requires the aid of the Illegal transaction to establish his case.
Page 134 - A witness may be impeached by the party against whom he was called, by contradictory evidence or by evidence that his general reputation for truth, honesty, or integrity is bad, but not by evidence of particular wrongful acts, except that it may be shown by the examination of the witness, or the record of the judgment, that he had been convicted of a felony.