Reports of Cases Determined in the Supreme Court of the State of California, Volume 118Bancroft-Whitney, 1906 - Law reports, digests, etc |
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Page xvi
... held to have become the law of the case with respect to the defendant's contention of having been once in jeopardy Shaw v . San Diego Water Company . Judgment affirmed .... L . A. 186 Supervisors v . Superior Court . Writ of certiorari ...
... held to have become the law of the case with respect to the defendant's contention of having been once in jeopardy Shaw v . San Diego Water Company . Judgment affirmed .... L . A. 186 Supervisors v . Superior Court . Writ of certiorari ...
Page 16
... held but for the acts of appellant in piling up dirt against it before it had become hardened and set . It 5. Appellant insists that if finding 5 is true , then plaintiff was only entitled to a judgment for two hundred and fifty dol ...
... held but for the acts of appellant in piling up dirt against it before it had become hardened and set . It 5. Appellant insists that if finding 5 is true , then plaintiff was only entitled to a judgment for two hundred and fifty dol ...
Page 17
... held by this court that , though persons doing business as partners cannot maintain any action upon or on account of any contracts made or transactions had in their part- nership name until they have first filed and published the ...
... held by this court that , though persons doing business as partners cannot maintain any action upon or on account of any contracts made or transactions had in their part- nership name until they have first filed and published the ...
Page 30
... held out on the part of the district attorney , or any present , any threats or menace used by the district attor- ney to coerce the defendant into making this statement ? " To which he answered : " A. I can only answer by saying , none ...
... held out on the part of the district attorney , or any present , any threats or menace used by the district attor- ney to coerce the defendant into making this statement ? " To which he answered : " A. I can only answer by saying , none ...
Page 44
... held that " for the purposes of revenue ” the lessee was to be considered as owner of the improvements and liable for the tax . The respondent was not a party to the action ; the question arose during the term of the lease ; the lessee ...
... held that " for the purposes of revenue ” the lessee was to be considered as owner of the improvements and liable for the tax . The respondent was not a party to the action ; the question arose during the term of the lease ; the lessee ...
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Common terms and phrases
action affirmed alleged Anglo-Californian Bank appellant apply attorney authority averred Bank board of supervisors boundaries Carpentier charge Chico high school city and county city of Oakland Civil Procedure claim Code of Civil complaint concurred constitution construction contract corporation County of San deceased declared decree defendant demurrer district duty election entitled estoppel estuary evidence executor fact fendant finding grant ground held Henshaw insolvency instruction involuntary manslaughter Judge judgment jury Kate Murray lands lease legislature liability lien manslaughter McFarland ment mortgage motion municipal municipal corporation navigable opinion order denying ordinance owner parties payment person plaintiff proceeding purpose question reason rendered Respondent San Antonio creek San Francisco ship channel Stats statute Superior Court supra thereof tide tide lands tion town of Oakland trial trust Tulare County unlawful verdict void waterfront wharves witness
Popular passages
Page 260 - Every person who has actual notice of circumstances sufficient to put a prudent man upon inquiry as to a particular fact, has constructive notice of the fact itself in all cases in which, by prosecuting such inquiry, he might have learned such fact.
Page 579 - If the company is deprived of the power of charging reasonable rates for the use of its property, and such deprivation takes place in the absence of an investigation by judicial machinery, it is deprived of the lawful use of its property, and thus, in substance and effect, of the property itself, without due process of law and in violation of the Constitution of the United States...
Page 341 - An action is an ordinary proceeding in a court of justice by which one party prosecutes another for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense.
Page 136 - When part of an act, declaration, conversation, or writing is given in evidence by one party, the whole on the same subject may be inquired into by the other; when a letter is read, the answer may be given; and when a detached act, declaration, conversation, or writing is given in evidence, any other act, declaration, conversation, or writing, which is necessary to make it understood, may also be given in evidence.
Page 579 - ... and such deprivation takes place in the absence of an investigation by judicial machinery, it is deprived of the lawful use of its property, and thus in substance and effect of the property itself, without due process of law, and in violation of the constitution of the United States ; and, in...
Page 156 - Involuntary — In the commission of an unlawful act not amounting to a felony, or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection.
Page 383 - The former verdict or other decision may be vacated and a new trial granted, on the application of the party aggrieved, for any of the following causes, materially affecting the substantial rights of such party: 1.
Page 645 - A final judgment or decree in any suit, in the highest court of law or equity of a State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against...
Page 267 - 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 371 - It does not deny that it is binding on those whom, on the face of it, it purports to bind, but shows that it also binds another, by reason that the act of the agent, in signing the agreement, in pursuance of his authority, is in law the act of the principal.