Reports of Cases Determined in the Supreme Court of the State of California, Volume 135Bancroft-Whitney, 1906 - Law reports, digests, etc |
From inside the book
Results 1-5 of 54
Page 78
... direct and positive evidence . It is a question of fact , to be proven like any other fact , by acts , conduct , and circumstances . . . . It was the peculiar prov- ince of the jury to find the intent . . . . If the facts proven were ...
... direct and positive evidence . It is a question of fact , to be proven like any other fact , by acts , conduct , and circumstances . . . . It was the peculiar prov- ince of the jury to find the intent . . . . If the facts proven were ...
Page 94
... direct the proceeds of sale to be applied , first , to pay the amount found due to the plaintiff , with costs , and the residue to pay the amount found due upon the second mort- gage . - ID . ALLOWANCE OF COSTS AND COUNSEL FEES TO ...
... direct the proceeds of sale to be applied , first , to pay the amount found due to the plaintiff , with costs , and the residue to pay the amount found due upon the second mort- gage . - ID . ALLOWANCE OF COSTS AND COUNSEL FEES TO ...
Page 130
... direct appeal from such order must be dis- missed . APPEAL from an order of the Superior Court of San Diego County authorizing a receiver to purchase property . E. S. Torrance , Judge . The facts are stated in the opinion of the court ...
... direct appeal from such order must be dis- missed . APPEAL from an order of the Superior Court of San Diego County authorizing a receiver to purchase property . E. S. Torrance , Judge . The facts are stated in the opinion of the court ...
Page 131
... direct the performance of any act by or against the appellants , and thus , as was said in Grant v . Superior Court , 106 Cal . 324 , " it lacks one essential element of a final judgment . " It is eminently proper for a receiver to ...
... direct the performance of any act by or against the appellants , and thus , as was said in Grant v . Superior Court , 106 Cal . 324 , " it lacks one essential element of a final judgment . " It is eminently proper for a receiver to ...
Page 132
... direct ap- peal therefrom , not only would the court be greatly ham- pered in its efforts to preserve the property , but the interests of all the parties interested might be greatly prejudiced . As was said in Rochat v . Gee , 91 Cal ...
... direct ap- peal therefrom , not only would the court be greatly ham- pered in its efforts to preserve the property , but the interests of all the parties interested might be greatly prejudiced . As was said in Rochat v . Gee , 91 Cal ...
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Common terms and phrases
affirmed agreement alleged amount appeal Appellant assessment assignment attorney averment bank bill of exceptions bond cause of action certificate charged city and county Civil Procedure claim Code of Civil Company complaint concurred contract corporation County of San court of equity creditors damages David Murdock deceased decree deed defendant defendant's demurrer dollars entitled equity evidence executor facts favor fendant filed findings foreclosure foregoing opinion fraud Garoutte guilty Henshaw insolvent instruction issue judgment and order jurisdiction jury land liability McFarland ment mortgage motion negligence opinion the judg order denying owner paid parties payment person plaintiff pleadings possession proceedings prosecution purchase question reason recover refused Respondent San Francisco sheriff Southern Pacific Co Southern Pacific Railroad statute statute of limitations stockholders street sufficient Superior Court sureties thereof tion Tirey L trial trustee verdict witness
Popular passages
Page 33 - In witness whereof the parties above named have hereunto set their hands the day and year first above written...
Page 41 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2.
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.