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action affirmed agreed agreement alleged allowed amount answer Appellant application assessment attorney authority bank brought cause cause of action certificate charged cited city and county claim Code Company complaint concurred condition contended contract corporation County deceased decree defendant demurrer Department determine direct dollars duty effect entered entitled evidence facts favor filed findings fixed follows further given grant ground held instruction intent interest issue Judge judgment jury land matter ment mortgage motion named necessary negligence notice objection opinion order denying owner paid parties payment person plaintiff pleaded possession present proceedings proper purchase question reason received record recover reference refused rendered Respondent rule San Francisco statute street sufficient suit Superior Court testified thereof tion trial trustee witness
Page 31 - In witness whereof the parties above named have hereunto set their hands the day and year first above written...
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.