Reports of Cases Determined in the Supreme Court of the State of California, Volume 135Bancroft-Whitney, 1906 - Law reports, digests, etc |
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Page 4
... effect its object , and give the parties an opportunity for a hearing upon the merits of their controversy . It is general in its terms , and controls other sections of the code in relation to the subject - matter of its provisions ...
... effect its object , and give the parties an opportunity for a hearing upon the merits of their controversy . It is general in its terms , and controls other sections of the code in relation to the subject - matter of its provisions ...
Page 6
... effect , and must re- fer to a pleading that has not yet been made or filed . This clause also implies that the court may allow a party time , not to exceed two days , within which to file an original pleading , when he has no such ...
... effect , and must re- fer to a pleading that has not yet been made or filed . This clause also implies that the court may allow a party time , not to exceed two days , within which to file an original pleading , when he has no such ...
Page 23
... effect that the verdict must be either guilty of the charge made , or guilty of an assault with a deadly weapon , or not guilty was proper and not harmful to the defendant , since if he were guilty of a simple assault only , he must be ...
... effect that the verdict must be either guilty of the charge made , or guilty of an assault with a deadly weapon , or not guilty was proper and not harmful to the defendant , since if he were guilty of a simple assault only , he must be ...
Page 25
... effect , told that if they were not satisfied that de- fendant was guilty of one of these offenses they must acquit him altogether . It will be presumed that they heeded this instruction and performed their whole duty in accordance with ...
... effect , told that if they were not satisfied that de- fendant was guilty of one of these offenses they must acquit him altogether . It will be presumed that they heeded this instruction and performed their whole duty in accordance with ...
Page 36
... effect to alter the con- tract or release the lessee from his liability for unpaid rent . ID . - EFFECT OF ASSIGNMENT OF LEASE - PRINCIPAL AND SURETY . - The lessee cannot by an assignment of the lease rid himself from lia- bility under ...
... effect to alter the con- tract or release the lessee from his liability for unpaid rent . ID . - EFFECT OF ASSIGNMENT OF LEASE - PRINCIPAL AND SURETY . - The lessee cannot by an assignment of the lease rid himself from lia- bility under ...
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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.