California Appellate Decisions, Volume 23Recorder Print. and Publishing Company, 1916 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 4
... Issue was tendered by the pleadings as to the value of the land transferred to defendants , and the evi- dence touching such issue was sufficient to justify the finding . Appellants also insist that as a copy of the lease in question ...
... Issue was tendered by the pleadings as to the value of the land transferred to defendants , and the evi- dence touching such issue was sufficient to justify the finding . Appellants also insist that as a copy of the lease in question ...
Page 8
... issue , and the court , upon evidence addressed to that issue and received without objection , finds in accordance with that evidence and upon the theory that an appropriate issue was raised by the pleadings , ' the parties will not ...
... issue , and the court , upon evidence addressed to that issue and received without objection , finds in accordance with that evidence and upon the theory that an appropriate issue was raised by the pleadings , ' the parties will not ...
Page 9
... issue of false representations made for the purpose of inducing respondents to enter into the contract . It is unnecessary to mention other questions presented by the briefs , as they cannot affect the controlling elements of the case ...
... issue of false representations made for the purpose of inducing respondents to enter into the contract . It is unnecessary to mention other questions presented by the briefs , as they cannot affect the controlling elements of the case ...
Page 19
... issue from the jury . Section 41⁄2 of article VI of the constitution is intended to apply only to matters occurring during the trial of an action and will not be extended far enough to make its provisions applicable to the conduct of ...
... issue from the jury . Section 41⁄2 of article VI of the constitution is intended to apply only to matters occurring during the trial of an action and will not be extended far enough to make its provisions applicable to the conduct of ...
Page 25
... issue of fraud in the transaction between the plaintiff Goldner and William Crane Spencer , invalidating said note and mortgage , or at least subordinating the same to the Curran judgment . The trial court found upon this issue in ...
... issue of fraud in the transaction between the plaintiff Goldner and William Crane Spencer , invalidating said note and mortgage , or at least subordinating the same to the Curran judgment . The trial court found upon this issue in ...
Other editions - View all
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.