Reports of Cases Determined in the Supreme Court of the State of California, Volume 131Bancroft-Whitney, 1906 - Law reports, digests, etc |
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Page 49
... contract of original subscription was waived by the corpora- tion , which entered into a contract identical in its terms with that of Pope and Talbot , the facts bearing upon this conten- tion are the following : At the time of the ...
... contract of original subscription was waived by the corpora- tion , which entered into a contract identical in its terms with that of Pope and Talbot , the facts bearing upon this conten- tion are the following : At the time of the ...
Page 132
... CONTRACT - PRIORITY OF LIENS OVER MORT- GAGE . Where the work done and materials furnished under a building contract , which is void for want of filing for record , was commenced before the date of a mortgage upon the premises , the ...
... CONTRACT - PRIORITY OF LIENS OVER MORT- GAGE . Where the work done and materials furnished under a building contract , which is void for want of filing for record , was commenced before the date of a mortgage upon the premises , the ...
Page 133
... contract for interest at the rate of ten per cent after sixty days from time of purchase of each item of materials , and the findings , which fail specifically to set forth the claim for in- terest , but which show that the claim ...
... contract for interest at the rate of ten per cent after sixty days from time of purchase of each item of materials , and the findings , which fail specifically to set forth the claim for in- terest , but which show that the claim ...
Page 134
... CONTRACT - LIEN OF CONTRACTOR - MEMBERSHIP IN FIRM.- Where the contract is void for want of record , the contractor is not entitled to a lien ; and he cannot indirectly assert a claim of lien for materials furnished as a member of a ...
... CONTRACT - LIEN OF CONTRACTOR - MEMBERSHIP IN FIRM.- Where the contract is void for want of record , the contractor is not entitled to a lien ; and he cannot indirectly assert a claim of lien for materials furnished as a member of a ...
Page 137
... contract . " To simplify the question , it may be observed generally that in some of the claims the time of payment is stated ; in others not . In the latter class of cases the presumption of the law is that no time was given . ( Hills ...
... contract . " To simplify the question , it may be observed generally that in some of the claims the time of payment is stated ; in others not . In the latter class of cases the presumption of the law is that no time was given . ( Hills ...
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Common terms and phrases
affirmed alleged amended amount answer appeal appellant assessment assignment attorney bank bond cause of action certificate Civil Procedure claim Code of Civil commenced complaint concurred constructive notice contract corporation corpus delicti County of San creditors cross-complaint debtor deceased decree deed defendant defendant's demurrer dismiss district dollars end lines entitled estoppel evidence execution executrix facts fees fendant filed finding foreclosure fraud fund Garoutte given hundred insolvency instruction interest issue Judge judgment judgment debtor jurisdiction jury land liability lien loan ment mortgage mortgagor motion negligence notice officer opinion order denying owner paid parties payment person plaintiff pleaded prior probative facts proceedings promissory note provision purchaser question reason record refused Respondent San Francisco statute statute of limitations sufficient Superior Court supra testimony therein thereof tion Tirey L trial void witness
Popular passages
Page 512 - Any county, city, town, or township may make and enforce within its limits all such local, police, sanitary, and other regulations as are not in conflict with general laws.
Page 308 - Judges shall not charge juries with respect to matters of fact, but may state the testimony and declare the law.
Page 52 - Mining claims upon veins or lodes of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits, heretofore located, shall be governed as to length along the vein or lode by the customs, regulations, and laws in force at the date of their location.
Page 701 - Upon a trial for murder, the commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter, or that the defendant was justifiable or excusable.
Page 765 - One who gains a thing by fraud, accident, mistake, undue influence, the violation of a trust, or other wrongful act, is, unless he has some other and better right thereto, an involuntary trustee of the thing gained, for the benefit of the person who would otherwise have had it.
Page 334 - When a contempt is committed in the immediate view and presence of the court, or judge at chambers, it may be punished summarily; for which an order must be made, reciting the facts as occurring in such immediate view and presence, adjudging that the person proceeded against is thereby guilty of a contempt, and that he be punished as therein prescribed. When the contempt is not committed in the immediate view and presence of the court, or judge at chambers, an affidavit shall be presented to the...
Page 76 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page xi - There shall be two departments, denominated, respectively, Department One and Department Two. The Chief Justice shall assign three of the Associate Justices to each department, and such assignment may be changed by him from time to time.
Page 357 - The ownership of a thing is the right of one or more persons to possess and use it to the exclusion of others. In this code, the thing of which there may be ownership is called property.
Page xii - The chief justice may convene the court in bank at any time, and shall be the presiding justice of the court when so convened. The concurrence of four justices present at the argument shall be necessary to pronounce a judgment in bank ; but if four justices, so present, do not concur in a judgment, then all the justices qualified to sit in the cause shall hear the argument ; but to render a judgment a concurrence of four judges shall be necessary.