California Appellate Decisions, Volume 23Recorder Print. and Publishing Company, 1916 - Law reports, digests, etc |
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Page 8
... rule has been applied by this court in a case which is directly in point here . " The effect of these findings is that plaintiffs , instead of measuring the land and for themselves ascertaining the dimensions thereof , chose rather to ...
... rule has been applied by this court in a case which is directly in point here . " The effect of these findings is that plaintiffs , instead of measuring the land and for themselves ascertaining the dimensions thereof , chose rather to ...
Page 9
... rule , the owner of real estate , in the absence of facts showing the contrary , is presumed to know the boundaries and area of his land , and a buyer is warranted in relying upon his representations in respect to such facts . It is ...
... rule , the owner of real estate , in the absence of facts showing the contrary , is presumed to know the boundaries and area of his land , and a buyer is warranted in relying upon his representations in respect to such facts . It is ...
Page 12
... rules as to im- peachment of witnesses did not apply . [ 4 ] The court refused to give the following instruction asked ... rule . [ 5 ] The court instructed the jury that they could find a verdict of guilty if the taking of the money was ...
... rules as to im- peachment of witnesses did not apply . [ 4 ] The court refused to give the following instruction asked ... rule . [ 5 ] The court instructed the jury that they could find a verdict of guilty if the taking of the money was ...
Page 17
... rule . It is never within their contemplation that a contract reduced to writing and executed by the parties shall have anything added to it or taken away from it by such evidence of " surrounding circumstances " . This rule of evidence ...
... rule . It is never within their contemplation that a contract reduced to writing and executed by the parties shall have anything added to it or taken away from it by such evidence of " surrounding circumstances " . This rule of evidence ...
Page 32
... rules governing the same as adopted by said board , and no question is raised as to the truth and correctness thereof or ... rule that where an officer , board , or tribunal is vested with power to determine a question upon which a right ...
... rules governing the same as adopted by said board , and no question is raised as to the truth and correctness thereof or ... rule that where an officer , board , or tribunal is vested with power to determine a question upon which a right ...
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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.