Digest of the Reports of the Supreme Court of California: Volumes One Hundred and Twelve to One Hundred and Twenty-five Inclusive, Together with a Table of Cases Reported ... |
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... rendered against the decedent in his lifetime was finally va- cated as the result of an appeal by the ad- ministratrix from an order refusing to va- cate it , the action remains pending , and the claim of the plaintiff must be presented ...
... rendered against the decedent in his lifetime was finally va- cated as the result of an appeal by the ad- ministratrix from an order refusing to va- cate it , the action remains pending , and the claim of the plaintiff must be presented ...
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... , of an appeal from a judgment rendered in the superior court , upon appeal from a justice's judgment in an action brought under section 1206 of the Code of Civil Procedure , to enforce disputed claims of 24 APPEALS , I.
... , of an appeal from a judgment rendered in the superior court , upon appeal from a justice's judgment in an action brought under section 1206 of the Code of Civil Procedure , to enforce disputed claims of 24 APPEALS , I.
Page vii
... rendered judgment against a defendant who willfully refused to give his deposition , pending an appeal by a defendant from a judgment so rendered against him , and from an order refusing to set the same aside , the trial court loses ju ...
... rendered judgment against a defendant who willfully refused to give his deposition , pending an appeal by a defendant from a judgment so rendered against him , and from an order refusing to set the same aside , the trial court loses ju ...
Page viii
... rendered against the board in such action must be deemed rendered under civil process as respects the effect of an ap- peal therefrom ; and the judgment cannot be upheld as having been rendered in a criminal proceeding , regardless of ...
... rendered against the board in such action must be deemed rendered under civil process as respects the effect of an ap- peal therefrom ; and the judgment cannot be upheld as having been rendered in a criminal proceeding , regardless of ...
Page 47
... rendered by consent is not ap- pealable . See ante , 43 . Court cannot go outside record to deter- mine whether judgment entered by consent . See ante , 254 . 8. Errors Against Respondent ; Party not Appealing . Against 277. Error ...
... rendered by consent is not ap- pealable . See ante , 43 . Court cannot go outside record to deter- mine whether judgment entered by consent . See ante , 254 . 8. Errors Against Respondent ; Party not Appealing . Against 277. Error ...
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Common terms and phrases
action administrator admissible adverse possession affidavit agent agreement alimony alleged amendment amount ante appeal assignee Assumpsit attorney averment bank bond charge Civil Code Civil Procedure claim Code of Civil complaint constitute contract conveyance corporation creditors Criminal Law damages debtor Deceased Persons declaration decree deed defendant demurrer dence dismissed effect election error Estates of Deceased estoppel evidence execution executor fact failure favor fendant filed finding foreclosure fraud fraudulent Fraudulent Conveyances grant ground heirs homestead husband insolvent instruction judge judgment jurisdiction jurors jury land lease liability lien mandamus Marriage ment mort mortgage mortgagor motion notice owner party payment plaintiff Pleading possession presumption prior probative facts proceedings proof prosecution purchaser question quiet title refused Replevin statute Statute of Limitations stockholders sufficient superior court testimony thereof tion trial Trusts and Trustees valid verdict void wife witness
Popular passages
Page 183 - 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 71 - ... has not been secured by any mortgage or lien upon real or personal property, or any pledge of personal property...
Page 66 - When the defendant has been guilty of a fraud, in contracting the debt, or incurring the obligation for which the action is brought, or in concealing or disposing of the property, for the taking, detention, or conversion of which the action is brought : 5. When the defendant has removed, or disposed of his property, or is about to do so, with intent to defraud his creditors.
Page 408 - In the case of an assignment of a thing in action, the action by the assignee is without prejudice to any set-off, or other defense existing at the time of, or before, notice of the assignment...
Page 254 - The decisions on the subject of passengers' baggage turn upon the question : What articles may baggage consist of ? This is a mixed question of law and fact, to be determined by the jury under proper instructions from the court.
Page 148 - No corporation shall issue stock or bonds, except for money paid, labor done, or property actually received, and all fictitious increase of stock or indebtedness shall be void.
Page 403 - Where a court has jurisdiction, it has a right to decide every question which occurs in the cause; and, whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other court : but, if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void.
Page 506 - ... of the qualified electors thereof voting at an election to be held for that purpose, nor unless, before or at the time of incurring such indebtedness, provision shall be made for the collection of an annual...
Page 336 - At this trial the court entered judgment, holding that appellee was the owner of and entitled to the possession of the property in question.
Page 178 - ... is a circumstance to be weighed by the jury as tending in some degree to prove a consciousness of guilt, and is entitled to more or less weight, according to the circumstances of the particular case.