Reports of Cases Determined in the Supreme Court of the State of California, Volume 152Bancroft-Whitney, 1908 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page iii
... deceased . ORGANIZATION OF SUPREME COURT . [ Constitution , article VI. U. S. WEBB ..... E. B. POWER ... RAYMOND BENJAMIN R. C. VAN FLEET ... MALCOM GLENN . GEORGE BEEBE ... C. P. POMEROY .. H. L. GEAR .... F. L. CAUGHEY . H. G. GRANT ...
... deceased . ORGANIZATION OF SUPREME COURT . [ Constitution , article VI. U. S. WEBB ..... E. B. POWER ... RAYMOND BENJAMIN R. C. VAN FLEET ... MALCOM GLENN . GEORGE BEEBE ... C. P. POMEROY .. H. L. GEAR .... F. L. CAUGHEY . H. G. GRANT ...
Page 11
... deceased , to recover damages for the death of said deceased , alleged to have been caused by the negligence of the defendant . The plaintiffs are the only heirs of the deceased . The jury returned a verdict for plaintiff , fixing the ...
... deceased , to recover damages for the death of said deceased , alleged to have been caused by the negligence of the defendant . The plaintiffs are the only heirs of the deceased . The jury returned a verdict for plaintiff , fixing the ...
Page 12
... deceased and one of the parties , named Hodges , got out of the wagon and went a short distance towards the hanging wire . The deceased then returned to the wagon and took from it a small rope or cord , about a quarter of an inch thick ...
... deceased and one of the parties , named Hodges , got out of the wagon and went a short distance towards the hanging wire . The deceased then returned to the wagon and took from it a small rope or cord , about a quarter of an inch thick ...
Page 13
... deceased went to the wire does not appear from the testimony of the witnesses who were present at the time . One of them testified that he could not have been closer to the wire than fourteen inches . It appears quite probable from the ...
... deceased went to the wire does not appear from the testimony of the witnesses who were present at the time . One of them testified that he could not have been closer to the wire than fourteen inches . It appears quite probable from the ...
Page 97
... Deceased , Respondents . TAXATION - DEEDS FROM STATE FOR LANDS SOLD FOR DELINQUENT TAXES . -Deeds from the state for lands sold to it for delinquent taxes held valid on the authority of Baird v . Monroe , 150 Cal . 560 , [ 89 Pac . 352 ] ...
... Deceased , Respondents . TAXATION - DEEDS FROM STATE FOR LANDS SOLD FOR DELINQUENT TAXES . -Deeds from the state for lands sold to it for delinquent taxes held valid on the authority of Baird v . Monroe , 150 Cal . 560 , [ 89 Pac . 352 ] ...
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Common terms and phrases
affirmed agreement alleged amended amount Angellotti answer appeal application attorney Bank board of supervisors caņon cause of action city and county Civil Code Civil Procedure claim Code of Civil complaint concurred constitution contract corporation County of San court of equity damages deceased declared decree deed defendant defendant's demurrer dismiss district effect eminent domain entitled evidence facts favor filed fraud Fresno County granted ground heirs Henshaw injury instruction J.-This Judge judgment jurors land legislature lien Lorigan matter McFarland ment mortgage motion negligence notice opinion order denying owner paid party payment person plaintiff possession proceedings provisions purpose question quiet title reason refusing Respondent riparian rule San Francisco San Mateo County Shaw Sloss South Pasadena Spreckels statute street sufficient Sullivan Superior Court sustained Tehama County testified thereof thousand dollars tion tract trial court verdict void
Popular passages
Page 603 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.
Page 550 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the accomplishment of the declared objects and purposes of the corporation — not simply convenient, but indispensable. Any fair, reasonable, substantial doubt concerning the existence of power is resolved...
Page 354 - He must restore to the other party everything of value which he has received from him under the contract ; or must offer to restore the same, upon condition that such party shall do likewise, unless the latter is unable or positively refuses to do so.
Page 152 - No county, city, town, township, board of education, or school district, shall incur any indebtedness or liability in any manner or for any purpose exceeding in any year the income and revenue provided for such year, without the assent of two-thirds of the qualified electors thereof, voting at an election to be held for that purpose...
Page 326 - Where the holder of a special lien is compelled to satisfy a prior lien for his own protection, he may enforce payment of the amount so paid by him, as a part of the claim for which his own lien exists.
Page 142 - But there is an admitted exception to this general rule in cases where, by reason of something done by the successful party to a suit, there was in fact no adversary trial or decision of the issue in the case. Where the unsuccessful party has been prevented from exhibiting fully his case, by fraud or deception practised on him by his opponent...
Page 516 - ... rents, issues and profits thereof, and also all the estate, right, title, interest, property, possession, claim and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, or to the said premises, and every part and parcel thereof, with the appurtenances...
Page 530 - State, other than a special holiday, except for the following purposes: 1. To give, upon their request, instructions to a jury when deliberating on their verdict; 2. To receive a verdict or discharge a jury; 3. For the exercise of the powers of a magistrate in a criminal action, or in a proceeding of a criminal nature. Injunctions and writs of prohibition may be issued and served on any day. Except as herein provided, justices' courts shall always be open for the transaction of business.
Page 201 - Subdivision 33 reads as follows: ' all loss or damage arising out of the nature of the work to be done under this agreement, or from any unforeseen obstruction or difficulties which may be encountered in the prosecution of the same...
Page 281 - Subject to the provisions of this title, the right of eminent domain may be exercised in behalf of the following public uses: 1.