Reports of Cases Determined in the Supreme Court of the State of California, Volume 135Bancroft-Whitney, 1906 - Law reports, digests, etc |
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Results 1-5 of 82
Page xix
... Decree affirmed on the authority of Estate of Mahoney , 133 Cal . 180 ..... . . . .S . F. No. 2445 Farming and Fruit Land Co. v . Southern Pacific Railroad Co. Judgment affirmed on the authority of Wilson v . Southern Pacific Railroad ...
... Decree affirmed on the authority of Estate of Mahoney , 133 Cal . 180 ..... . . . .S . F. No. 2445 Farming and Fruit Land Co. v . Southern Pacific Railroad Co. Judgment affirmed on the authority of Wilson v . Southern Pacific Railroad ...
Page 42
... decree as secured by the mortgage , entitles the mortgagee to make them a lien or charge upon the property ; but under mortgages which contain no such impost , but merely provide that a decree may be entered for a reasonable attorney's ...
... decree as secured by the mortgage , entitles the mortgagee to make them a lien or charge upon the property ; but under mortgages which contain no such impost , but merely provide that a decree may be entered for a reasonable attorney's ...
Page 43
... decree granting plain- tiffs a reasonable time in which to pay the amount found to be due the defendant company ; and that plaintiffs and all persons claiming under them subsequent to the company's mortgage be foreclosed of all equity ...
... decree granting plain- tiffs a reasonable time in which to pay the amount found to be due the defendant company ; and that plaintiffs and all persons claiming under them subsequent to the company's mortgage be foreclosed of all equity ...
Page 44
... decree to be final . ( See Odd Fellows ' Sav . Bank v . Brander , 124 Cal . 255 , and cases cited . ) But plaintiffs have made no such case as would warrant the court in depriving the company of its right to foreclose . The bond and ...
... decree to be final . ( See Odd Fellows ' Sav . Bank v . Brander , 124 Cal . 255 , and cases cited . ) But plaintiffs have made no such case as would warrant the court in depriving the company of its right to foreclose . The bond and ...
Page 45
... decree may be entered for a reasonable attorney's fee . These two mortgages are similar to that in Klokke v . Escailler , 124 Cal . 297 , and , we think , must be ruled by that case . As was there said , " While plaintiff ( cross ...
... decree may be entered for a reasonable attorney's fee . These two mortgages are similar to that in Klokke v . Escailler , 124 Cal . 297 , and , we think , must be ruled by that case . As was there said , " While plaintiff ( cross ...
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Common terms and phrases
affirmed alleged amount answer appeal Appellant assessment assignment attorney averment bank bill of exceptions bond cause of action certificate charged city and county Civil Procedure claim Code of Civil Company complaint concurred contract corporation County of San court of equity creditors damages David Murdock deceased decree deed defendant defendant's demurrer dollars entitled equity evidence executor facts favor fendant filed findings foreclosure foregoing opinion fraud Garoutte guilty Henshaw insolvent instruction issue judgment and order jurisdiction jury land liability McFarland ment mortgage motion negligence opinion the judg order denying owner paid parties payment person plaintiff pleadings possession proceedings prosecution purchase question reason recover refused Respondent San Francisco sheriff Southern Pacific Co Southern Pacific Railroad statute statute of limitations stockholders street sufficient Superior Court sureties thereof tion Tirey L trial trustee verdict witness
Popular passages
Page 31 - In witness whereof the parties above named have hereunto set their hands the day and year first above written...
Page 39 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2.
Page 155 - The cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
Page 46 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Page 151 - It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Page 610 - Every Act shall embrace but one subject, which subject shall be expressed in its title. But if any subject shall be embraced in an Act which shall not be expressed in its title, such Act shall be void only as to so much thereof as shall not be expressed in its title.
Page 293 - Either husband or wife may enter into any engagement or transaction with the other, or with any other person, respecting property, which either might if unmarried...
Page 243 - A contract otherwise proper to be specifically enforced, may be thus enforced, though a penalty is imposed, or the damages are liquidated for its breach, and the party in default is willing to pay the same.
Page 320 - Such malice may be express or implied. It is express when there is manifested a deliberate intention unlawfully to take away the life of a fellow creature. It is implied, when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart.
Page 224 - ... has not, nor has any person by his order, or to his knowledge or belief, for his use, had or received any manner of security for said debt whatever.