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action administrator affirmed agreed agreement alleged allowed amount answer appeal apply assessment assignment attorney authority bank brought cause charged cited city and county claim Code Company complaint concurred consideration contract corporation County deceased decree deed defendant Department determine direct dollars duty effect entered entitled error evidence executor facts favor filed findings follows further given grant ground held instruction intent interest issue Judge judgment jurisdiction jury land matter ment mortgage motion necessary negligence notice objection opinion order denying owner paid parties payment performance person plaintiff pleadings possession present proceedings proper purchase question reason received record recover reference refused rendered Respondent rule San Francisco shares statute street sufficient suit Superior Court taken testified thereof tion trial trustee witness
Page 33 - In witness whereof the parties above named have hereunto set their hands the day and year first above written...
Page 346 - Such malice may be express or Implied. It Is express when there is manifested a deliberate intention, unlawfully to take away the life of a fellow creature. It is implied, when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart.
Page 169 - The cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
Page 48 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Page 652 - Every Act shall embrace but one subject, which subject shall be expressed in its title. But if any subject shall be embraced in an Act which shall not be expressed in its title, such Act shall be void only as to so much thereof as shall not be expressed in its title.
Page 500 - 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 317 - Either husband or wife may enter into any engagement or transaction with the other, or with any other person, respecting property, which either might if unmarried...
Page 261 - A contract otherwise proper to be specifically enforced, may be thus enforced, though a penalty is imposed, or the damages are liquidated for its breach, and the party in default is willing to pay the same.
Page 464 - The jury having been impaneled and sworn, the trial must proceed in the following order, unless otherwise directed by the court: 1. If the indictment or information be for felony, the clerk must read it, and state the plea of the defendant to the jury, and in cases where it charges a previous conviction, and the defendant has confessed the same, the clerk in reading it shall omit therefrom all that relates to such previous conviction.