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 2
... filed , and the proceeding is submitted upon the stipulation that the allegations of the answer are true . It ... filing in support of his applica- tion an affidavit which was clearly insufficient , under section 595 of the Code of Civil ...
... filed , and the proceeding is submitted upon the stipulation that the allegations of the answer are true . It ... filing in support of his applica- tion an affidavit which was clearly insufficient , under section 595 of the Code of Civil ...
Page 14
... filed the following opinion on the 19th of Octo- ber , 1907 : - BEATTY , C. J. - I dissent from the order denying a rehear- ing . The opinion of the court omits some facts which I deem highly material to the question of contributory ...
... filed the following opinion on the 19th of Octo- ber , 1907 : - BEATTY , C. J. - I dissent from the order denying a rehear- ing . The opinion of the court omits some facts which I deem highly material to the question of contributory ...
Page 21
... filed a counter affidavit stating that he had prepared the form of a deed , but that , as it was not known whether Bruson or the intervener would pay the money , it was not signed , and that he was informed and believed that Bruson had ...
... filed a counter affidavit stating that he had prepared the form of a deed , but that , as it was not known whether Bruson or the intervener would pay the money , it was not signed , and that he was informed and believed that Bruson had ...
Page 32
... filed a lien and commenced this action against the original con- tractor and the owner of the lot to enforce its payment . A personal judgment was rendered in favor of plaintiff against the original contractor , Harris , for the amount ...
... filed a lien and commenced this action against the original con- tractor and the owner of the lot to enforce its payment . A personal judgment was rendered in favor of plaintiff against the original contractor , Harris , for the amount ...
Page 35
... filed , and the case of Miller v . Carlisle was cited and relied on in support of that position , the case of Becker ... filing of a suit to enforce a lien of mechanics and others , under the statute relating to such liens , it has ...
... filed , and the case of Miller v . Carlisle was cited and relied on in support of that position , the case of Becker ... filing of a suit to enforce a lien of mechanics and others , under the statute relating to such liens , it has ...
Contents
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Common terms and phrases
affirmed agreement alleged amended amount Angellotti answer appeal application attorney Bank board of supervisors cañon 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.