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 100
Page 3
... reason for affirming its action when the cause shall be heard , but is not a ground for dismissing the appeal . The appeals from the orders and judgment taken Feb- ruary 11 , 1901 , are dismissed . The motion to dismiss the appeal from ...
... reason for affirming its action when the cause shall be heard , but is not a ground for dismissing the appeal . The appeals from the orders and judgment taken Feb- ruary 11 , 1901 , are dismissed . The motion to dismiss the appeal from ...
Page 5
... reason of the order of the justice , allowing her two days within which to answer the complaint , she was not in default at the time the present action was commenced , and the plaintiff was therefore not entitled to have any judgment ...
... reason of the order of the justice , allowing her two days within which to answer the complaint , she was not in default at the time the present action was commenced , and the plaintiff was therefore not entitled to have any judgment ...
Page 19
... reasons . It may be necessary to bring an action upon notes to enforce payment , and this a foreign administration or ... reason , no doubt , why local administration is provided for is the protection of local creditors and claim- ants ...
... reasons . It may be necessary to bring an action upon notes to enforce payment , and this a foreign administration or ... reason , no doubt , why local administration is provided for is the protection of local creditors and claim- ants ...
Page 50
... reason of the said failure and refusal of Grider to testify he " is sub- ject to loss of time , annoyance , and vexation " in the sum of two hundred dollars , and prays judgment for the sum of three hundred and fifty dollars and costs ...
... reason of the said failure and refusal of Grider to testify he " is sub- ject to loss of time , annoyance , and vexation " in the sum of two hundred dollars , and prays judgment for the sum of three hundred and fifty dollars and costs ...
Page 55
... reason the plaintiff desired that default to be set aside , it was the duty of the court to grant her motion , unless it appeared that some rights of the re- spondent would be thereby impaired . The plaintiff was not precluded from ...
... reason the plaintiff desired that default to be set aside , it was the duty of the court to grant her motion , unless it appeared that some rights of the re- spondent would be thereby impaired . The plaintiff was not precluded from ...
Contents
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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.