California Appellate Decisions, Volume 23Recorder Print. and Publishing Company, 1916 - Law reports, digests, etc |
From inside the book
Results 1-5 of 98
Page 5
... entitled case , our at- tention is called to an omission in the letter of Edward F. Treadwell to James F. Peck , of May 26 , 1915 , referred to in the opinion . By inadvertence the words " as taxed by the court " were omitted and , to ...
... entitled case , our at- tention is called to an omission in the letter of Edward F. Treadwell to James F. Peck , of May 26 , 1915 , referred to in the opinion . By inadvertence the words " as taxed by the court " were omitted and , to ...
Page 31
... entitled , and the allowance of which by said board was obtained by means of fraudulent repre- sentations made with intent to deceive and defraud and which did deceive and defraud these defendants and the state of California ; that ...
... entitled , and the allowance of which by said board was obtained by means of fraudulent repre- sentations made with intent to deceive and defraud and which did deceive and defraud these defendants and the state of California ; that ...
Page 32
... entitled case : " The above cases ( cited in the opinion ) abundantly show that mandamus will lie to correct abuses of discretion , and will lie to force a particular action by the inferior tribunal or officer , when the law clearly ...
... entitled case : " The above cases ( cited in the opinion ) abundantly show that mandamus will lie to correct abuses of discretion , and will lie to force a particular action by the inferior tribunal or officer , when the law clearly ...
Page 33
... entitled to collect and receive from the state for the services specified five dollars per day and expenses necessarily incurred in the perform- ance thereof , subject only to the condition that his claim therefor is properly presented ...
... entitled to collect and receive from the state for the services specified five dollars per day and expenses necessarily incurred in the perform- ance thereof , subject only to the condition that his claim therefor is properly presented ...
Page 43
... entitled , " Arbanasin vs. Radovan " , Radovan was sued for $ 370 , and costs , alleged to be due for merchandise sold to him by assignor of Arbanasin . On the day the action was filed an affidavit and undertaking for attachment were ...
... entitled , " Arbanasin vs. Radovan " , Radovan was sued for $ 370 , and costs , alleged to be due for merchandise sold to him by assignor of Arbanasin . On the day the action was filed an affidavit and undertaking for attachment were ...
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Common terms and phrases
adverse possession affirmed agreed agreement alleged amount answer attorney authority bonds building California cause of action charged Civil Code Civil Procedure claim Code of Civil complaint concur constitution contention contract corporation County of San damages deceased deed Defendant and Appellant defendant's delivered demurrer district attorney eminent domain entitled error evidence execution fact fendant filed finding furnished instruction issue J. W. Young Judge jurisdiction jury land lease lien lumber ment Mono County mortgage motion negligence notice officers order denying owner paid party payment performed person petitioner Plaintiff and Respondent possession premises proceeding promissory note prosecution purchase purpose question railroad real property reason received record refused statement statute street sufficient Superior Court sureties testified testimony therein thereof Third Appellate District tiff timber hitch tion transaction trial court verdict witness writ
Popular passages
Page 84 - If the judgment or order appealed from direct the assignment or delivery of documents or personal property, the execution of the judgment or order cannot be stayed by appeal, unless the things required to be assigned or delivered be placed in the custody of such officer or receiver as the court may appoint, or unless an undertaking be entered into on the part of the appellant, with at least two sureties, and in such amount as the court, or a judge thereof, may direct, to the effect that the appellant...
Page 463 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Page 263 - One who sells real property has a vendor's lien thereon, independent of possession, for so much of the price as remains unpaid and unsecured otherwise than by the personal obligation of the buyer.
Page 130 - The positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true; 3.
Page 428 - Liens given or accepted in good faith and not in contemplation of or in fraud upon this act, and for a present consideration, which have been recorded according to law, if record thereof was necessary in order to impart notice, shall, to the extent of such present consideration only, not be affected by this act.
Page 757 - An agreement authorizing or employing an agent or broker to purchase or sell real estate for compensation or a commission; 6.
Page 130 - The defendants appeal from the judgment, and from an order denying their motion for a new trial. The plaintiffs own lands through which the Santa Ana river flows.
Page 337 - Every clerk, agent, or servant of any person who fraudulently appropriates to his own use, or secretes with a fraudulent intent to appropriate to his own use, any property of another which has come into his control or care by virtue of his employment as such clerk, agent, or servant, is guilty of embezzlement.
Page 680 - Unless required by or under the authority of law to employ that particular agent, a principal is responsible to third persons for the negligence of his agent in the transaction of the business of the agency, including wrongful acts committed by such agent in and as a part of the transaction of such business, and for his willful omission to fulfill the obligations of the principal.
Page 378 - No act committed by a person while in a state of voluntary intoxication is less criminal by reason of his having been in such condition.