Reports of Cases Determined in the Supreme Court of the State of California, Volume 180Bancroft-Whitney, 1920 - Law reports, digests, etc |
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Page 6
... instruction to the contrary was erroneous . Judgment reversed . Sloss , J. , Lennon , J. , Shaw , J. , Melvin , J. , Lawlor , J. , and Angellotti , C. J. , concurred . [ L. A. No. 5858. In Bank . - February 6 [ 180 Cal . UTAH STATE Nat ...
... instruction to the contrary was erroneous . Judgment reversed . Sloss , J. , Lennon , J. , Shaw , J. , Melvin , J. , Lawlor , J. , and Angellotti , C. J. , concurred . [ L. A. No. 5858. In Bank . - February 6 [ 180 Cal . UTAH STATE Nat ...
Page 13
... instruction in athletics . Granting , for the sake of discussion , that under the terms of section 1750 of the Political Code the institution of a course of instruction in athletics was a matter of discretion with the plaintiff and that ...
... instruction in athletics . Granting , for the sake of discussion , that under the terms of section 1750 of the Political Code the institution of a course of instruction in athletics was a matter of discretion with the plaintiff and that ...
Page 76
... instruction that the jury might , in case of doubt in respect to the application , excep . tions to , or limitations to liability , adopt the construction most favorable to the plaintiff , was not erroneous , as thereby giving the jury ...
... instruction that the jury might , in case of doubt in respect to the application , excep . tions to , or limitations to liability , adopt the construction most favorable to the plaintiff , was not erroneous , as thereby giving the jury ...
Page 77
... instruction that in order to defeat the claim , the diseased condition of the heart or appendix must have existed in the body of the insured at the time of the accident , was not misleading , where the instruction occurred in the course ...
... instruction that in order to defeat the claim , the diseased condition of the heart or appendix must have existed in the body of the insured at the time of the accident , was not misleading , where the instruction occurred in the course ...
Page 78
... instructions : [ 2 ] " Under the terms of this policy plaintiff cannot re- cover for the death of James T. Clarke , unless that death was caused by accidental means , and solely and exclusively by such means , independently of other ...
... instructions : [ 2 ] " Under the terms of this policy plaintiff cannot re- cover for the death of James T. Clarke , unless that death was caused by accidental means , and solely and exclusively by such means , independently of other ...
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accident affirmed alleged amendment amount Angeles appellant application assessment authority automobile Bank bonds cause of action Civil Code Civil Procedure claim Code of Civil Company complaint concurred constitution contention contract contributory negligence corporation County court of equity creditors death deceased declared decree deed defendant defendant's denied effect employee entitled evidence execution fact favor filed finding held husband indorsement injury instruction Insurance interest issue judgment jury Kern County land Lawlor Lennon liability lien Los Angeles County Melvin ment mortgage motorman municipal negligence Negotiable Instruments notice Olney opinion ordinance owner paid parties payment person petitioner plaintiff pleadings probate proceeding purchaser purpose question reason recover res adjudicata Respondent rule Stats statute street sufficient Superior Court testator testified testimony therein thereof thousand dollars tion trial court trust void Wilbur
Popular passages
Page 275 - As respects one another, indorsers are liable prima facie in the order in which they indorse; but evidence is admissible to show that as between or among themselves they have agreed otherwise.
Page 149 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or, if he did know it, that he did not know he was doing what was wrong.
Page 622 - Constitution so as to become likewise empowered hereunder, to make and enforce all laws and regulations in respect to municipal affairs, subject only to the restrictions and limitations provided in their several charters, and in respect to other matters they shall be subject to and controlled by general laws.
Page 726 - Negligence,' has been defined to be 'the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something, which a prudent and reasonable man would not do.
Page 3 - An instrument is payable at a determinable future time, within the meaning of this act, which is expressed to be payable 1. At a fixed period after date or sight ; or 2. On or before a fixed or determinable future time specified therein; or 3. On or at a fixed period after the occurrence of a specified event, which is certain to happen, though the time of happening be uncertain. An instrument payable upon a contingency is not negotiable, and the happening of the event does not cure the defect.
Page 123 - Every person in the service of the State, or any county, city and county, city, town, village or school district therein, and all public corporations, under any appointment or contract of hire, express or implied, oral or written...
Page vi - The concurrence of four justices present at the argument shall be necessary to pronounce a judgment in bank ; but if four justices, so present, do not concur in a judgment, then all the justices qualified to sit in the cause shall hear the argument; but to render a judgment a concurrence of four judges shall be necessary.
Page 143 - ... be created, granted, assigned, surrendered, or declared, unless by act or operation of law, or by deed, or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering, or declaring the same, or by his lawful agent thereunto authorized by writing.
Page 175 - The granting or denial of a preliminary injunction does not amount to an adjudication of the ultimate rights in controversy. It merely determines that the court, balancing the respective equities of the parties, concludes that, pending a trial on the merits, the defendant should or that he should not be restrained from exercising the rights claimed by him.
Page 55 - 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...