California Appellate Decisions, Volume 18Recorder Print. and Publishing Company, 1914 - Law reports, digests, etc |
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Page 11
... PROOF . - In an action to recover a broker's commission on a written authorization conditioned that in case a purchaser or tenant for the property was secured the defendant would pay the regular commission out of the first money ...
... PROOF . - In an action to recover a broker's commission on a written authorization conditioned that in case a purchaser or tenant for the property was secured the defendant would pay the regular commission out of the first money ...
Page 62
... PROOF OF PROSECUTION - APPLICABILITY OF CONSTITUTIONAL AMENDMENT . - Where a defendant is a voluntary witness in his ... proofs of the people compel the application of the pro- visions of section 41⁄2 of article VI of the constitution ...
... PROOF OF PROSECUTION - APPLICABILITY OF CONSTITUTIONAL AMENDMENT . - Where a defendant is a voluntary witness in his ... proofs of the people compel the application of the pro- visions of section 41⁄2 of article VI of the constitution ...
Page 63
... proofs of the defendant's crime . Had he taken the witness stand to deny the commission of the crime they would have weighed against him as a witness ; and for that reason , as well as for the reason that his denial of the commission of ...
... proofs of the defendant's crime . Had he taken the witness stand to deny the commission of the crime they would have weighed against him as a witness ; and for that reason , as well as for the reason that his denial of the commission of ...
Page 79
... proof ; and it may be conceded that such would have been the case here , if it had been shown that the sling was being properly used by the co - employees of the deceased , and in the ordinary way . " The court quoted Griffin v ...
... proof ; and it may be conceded that such would have been the case here , if it had been shown that the sling was being properly used by the co - employees of the deceased , and in the ordinary way . " The court quoted Griffin v ...
Page 80
... proof . It is applicable where , under the circumstances shown , the accident presumably would not have happened if due care had been exercised . Its essential import is that , on the facts proved , the plaintiff has made out a prima ...
... proof . It is applicable where , under the circumstances shown , the accident presumably would not have happened if due care had been exercised . Its essential import is that , on the facts proved , the plaintiff has made out a prima ...
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Common terms and phrases
Affd affirmed agreement alleged amended amount answer appeal application assessment attorney California cause of action charged Civil Procedure claim Code of Civil Company complaint concur CONREY constitution construction contract corporation cotenant Crim cross-complaint damages deceased deed Defendant and Appellant defendant's demurrer ditch eminent domain entitled error evidence fact favor filed findings instruction issue Judge judgment jury land lease legislature liquors ment motion negligence no-license territory notice option law order denying Owens River owner parties payment peremptory challenges person petitioner Plaintiff and Respondent pleaded Pndg possession premises proceedings promissory note proof purchase purpose question railroad real property reason riparian rights rule Rvsd Second Appellate District solicitation specific statute street sufficient Superior Court testified testimony therein thereof tion trial court Trona unlawful detainer verdict witness Woodland Township writ
Popular passages
Page 437 - Rape is an act of sexual intercourse, accomplished with a female not the wife of the perpetrator, under either of the following circumstances: 1.
Page 696 - The detriment caused by the breach of an agreement to convey an estate in real property, is deemed to be the price paid, and the expenses properly incurred in examining the title and preparing the necessary papers, with interest thereon; but adding thereto, in case of bad faith, the difference between the price agreed to be paid and the value of the estate agreed to be conveyed, at the time of the breach, and the expenses properly incurred in preparing to enter upon the land.
Page 720 - ... 1. For a public offense committed or attempted in his presence; 2. When a person arrested has committed a felony, although not in his presence ; 3. When a felony has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it; 4.
Page 666 - Every transfer of property or charge thereon made, every obligation incurred, and every judicial proceeding taken, with intent to delay or defraud any creditor or other person of his demands, is void against all creditors of the debtor, and their successors in interest, and against any person upon whom the estate of the debtor devolves in trust for the benefit of others than the debtor.
Page 518 - But whenever the actual existence of any particular purpose, motive or intent is a necessary element to constitute a particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time, in determining the purpose, motive or intent with which he committed the act.
Page 489 - An agreement authorizing or employing an agent or broker to purchase or sell real estate for compensation or a commission; 6.
Page 314 - The parties to a contract may agree therein upon an amount which shall be presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage.
Page 493 - Land by township, range, section, or fractional section, and when such land is not a Congressional division or subdivision, by metes and bounds, or other description sufficient to identify it, giving an estimate of the number of acres, locality, and the improvements thereon.
Page 315 - In pleading the performance of conditions precedent in a contract, it is not necessary to state the facts showing such performance, but it may be stated generally that the party duly performed all the conditions on his part, and...
Page 93 - No judgment, decision, or decree shall be reversed or affected by reason of any error, ruling, instruction, or defect, unless it shall appear from the record that such error, ruling, instruction, or defect was prejudicial, and also that by reason of such error, ruling, instruction, or defect, the said party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probable if such error, ruling, instruction, or defect had not occurred or existed....