Reports of Cases Determined in the Supreme Court of the State of California, Volume 56Bancroft-Whitney, 1887 - Law reports, digests, etc |
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Results 1-5 of 81
Page 7
... motion might have ordered to be corrected , instead of direct- ing the jury to retire for that purpose ; but in doing this there was no error . 4. Defendant relied on his motion for a new trial upon no other errors than those which have ...
... motion might have ordered to be corrected , instead of direct- ing the jury to retire for that purpose ; but in doing this there was no error . 4. Defendant relied on his motion for a new trial upon no other errors than those which have ...
Page 10
... motion for a new trial was made with reference to the final judgment , and denied by the Court . George Pearce , for Appellant . William D. Bliss , for Respondent . MCKINSTRY , J .: The appeal is from the final judgment in an action for ...
... motion for a new trial was made with reference to the final judgment , and denied by the Court . George Pearce , for Appellant . William D. Bliss , for Respondent . MCKINSTRY , J .: The appeal is from the final judgment in an action for ...
Page 11
... motion made for a new trial of the issues upon the determination of which that decree was entered . The inter- locutory decree was appealable . ( Code Civ . Proc . § 963. ) The interlocutory decree became finally determinative of the ...
... motion made for a new trial of the issues upon the determination of which that decree was entered . The inter- locutory decree was appealable . ( Code Civ . Proc . § 963. ) The interlocutory decree became finally determinative of the ...
Page 16
... Ross , J .: When this cause was before Department No. 1 , it was deter- ined upon the theory that there was an appeal from the judgment as well as from the order denying the motion 16 [ July , 1880 . KNIGHT v . ROCHE .
... Ross , J .: When this cause was before Department No. 1 , it was deter- ined upon the theory that there was an appeal from the judgment as well as from the order denying the motion 16 [ July , 1880 . KNIGHT v . ROCHE .
Page 17
... motion for a new trial . In such case , it might be contended , there would be no question of fact to be re - examined , and no necessity for a new trial . It was so held in Jenkins v . Frink , 30 Cal . 596 ; and the cases of Martin v ...
... motion for a new trial . In such case , it might be contended , there would be no question of fact to be re - examined , and no necessity for a new trial . It was so held in Jenkins v . Frink , 30 Cal . 596 ; and the cases of Martin v ...
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according action adverse possession affidavit affirmed agreement alleged amended amount answer appeal application appointed assessment attorney authority Board cause Civil claim Code commenced Company complaint concurred Constitution contract corporation Court damages deceased decision deed defendant denying determine District Court duty effect election entered entitled error evidence executed facts filed finding former further give given grant ground held instruction interest issue judge judgment jurisdiction jury land Limitations March matter ment mortgage motion necessary notice objection offered officers opinion owner paid parties passed patent payment person petition plaintiff pleadings possession presented proceedings proof prove purchase question reason receiver record recover referred refused respect Respondent rule says statement statute street sufficient suit sustained taken thereof tion trial United witness
Popular passages
Page 652 - No corporation shall issue stocks or bonds except for money, labor done, or money or property actually received, and all fictitious increase of stock or indebtedness shall be void.
Page 389 - ... another, his heirs or personal representatives may maintain an action for damages against the person causing the death, or if such person be employed by another person who is responsible for his conduct, then also against such other person. In every action under this and the preceding section, such damages may be given as under all the circumstances of the case, may be just.
Page 581 - All patents granted, or preemption or homesteads allowed, shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or recognized by the preceding section.
Page 329 - A criminal action prosecuted by indictment may be removed from the court in which it is pending, on the application of the defendant on the ground that a fair and impartial trial cannot be had in the county where the indictment is pending.
Page 544 - Judgment is demanded dismissing the complaint and for "such other and further relief in the premises as to the court may seem just.
Page 109 - The Legislature, by general and uniform laws, shall provide for the election or appointment, in the several counties, of Boards of Supervisors, Sheriffs, County Clerks, District Attorneys, and such other county, township, and municipal officers as public convenience may require, and shall prescribe their duties, and fix their terms of office.
Page 653 - That all laws in force at the adoption of this Constitution, not inconsistent therewith, shall remain in full force and effect until altered or repealed by the Legislature...
Page 200 - ... to equalize the valuation of the taxable property in the several counties of the State for the purposes of taxation. The Controller of State shall be ex officio a member of the Board. The Boards of Supervisors of the several counties of the State shall constitute Boards of Equalization for their respective counties, whose duty it shall be to equalize the valuation of the taxable property in the county for the purpose of taxation...
Page 329 - The court may, on motion, change the place of trial in the following cases: 1. When the county designated in the complaint is not the proper county; 2. When there is reason to believe that an impartial trial cannot be had therein; 3. When the convenience of witnesses and the ends of justice would be promoted by the change: 4.
Page 75 - Procedure as sufficient to bar an action for the recovery of the property confers a title thereto, denominated a title by prescription, which is sufficient against all.