Reports of Cases Determined in the Supreme Court of the State of California, Volume 150Bancroft-Whitney, 1908 - Law reports, digests, etc |
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Page 22
... alleged in each form , the plaintiff was entitled to reformation of the deed upon sufficient proof of either . ID . - CARELESSNESS IN FAILING TO READ DEED . - The mere failure of a party to read an instrument with sufficient attention ...
... alleged in each form , the plaintiff was entitled to reformation of the deed upon sufficient proof of either . ID . - CARELESSNESS IN FAILING TO READ DEED . - The mere failure of a party to read an instrument with sufficient attention ...
Page 26
... alleged previous verbal contract of sale . The preliminary statement of facts made by the reporter , if correct , would seem to make a clear case of mistake of one party known to the other , in which case , under the prin- ciples stated ...
... alleged previous verbal contract of sale . The preliminary statement of facts made by the reporter , if correct , would seem to make a clear case of mistake of one party known to the other , in which case , under the prin- ciples stated ...
Page 54
... alleged cannot be recov- ered as a consequence of the breach of contract alleged . In so saying we do not dispute the proposition made by learned counsel for appellant , to the effect that a failure to furnish water under a contract ...
... alleged cannot be recov- ered as a consequence of the breach of contract alleged . In so saying we do not dispute the proposition made by learned counsel for appellant , to the effect that a failure to furnish water under a contract ...
Page 57
... alleged was , in effect , -1 . To lay and install certain pipes through which water for general use might be supplied , and to install one fire - hydrant , through which water for use in the event of fire might be supplied ; and 2. Such ...
... alleged was , in effect , -1 . To lay and install certain pipes through which water for general use might be supplied , and to install one fire - hydrant , through which water for use in the event of fire might be supplied ; and 2. Such ...
Page 97
... alleged to be arbitrary and without good reason , and it is charged that the board of supervisors adopted the two different rates for the purpose of discrim- inating against the plaintiffs . So far as concerns the allega- tion of an ...
... alleged to be arbitrary and without good reason , and it is charged that the board of supervisors adopted the two different rates for the purpose of discrim- inating against the plaintiffs . So far as concerns the allega- tion of an ...
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Common terms and phrases
action affidavit affirmed agreement alimony alleged amendment Angeles Angellotti appeal application assessment attorney bill of exceptions charter City and County Civil Code Civil Procedure claim Code of Civil commenced complaint constitution construction contract contributory negligence corporation County of San court of equity cross-complaint damages deceased declared decree deed defendant easement effect entitled equity evidence execution exercise facts filed finding grant grantor habeas corpus injury instruction interest Judge judgment jurisdiction jury land legislative legislature lien Lorigan ment mortgage motion municipal negligence notice opinion order denying owner paid parties pawnbroker payment person plaintiff possession premises probative facts proceeding provision purchase purpose question quiet title railroad real property reason Respondent riparian riparian rights rule San Francisco Sloss statute street sufficient Superior Court therein thereof tion trial court trust void writ
Popular passages
Page 339 - An attorney cannot, without the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of professional employment...
Page 440 - ... no officer, agent, or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting the insurance under this policy exist or be claimed by the insured unless so written or attached.
Page 440 - And no officer, agent, or other representative of this company shall have power to waive any provision or condition of this policy, except such as by the terms of this policy may be the subject of agreement...
Page 313 - ... also all other persons unknown, claiming any right, title, estate, lien or interest in the real property described in the complaint adverse to plaintiffs ownership, or any cloud upon plaintiff's title thereto.
Page 469 - A corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occurs; or in the county where the principal place of business of such corporation is situated, subject to the power of the Court to change the place of trial as in other cases.
Page 311 - It follows that any legal proceeding enforced by public authority, whether sanctioned by age and custom, or newly devised in the discretion of the legislative power, in furtherance of the general public good, which regards and preserves these principles of liberty and justice, must be held to be due process of law.
Page 675 - ... does not represent his father or mother by inheriting any part of the estate of his or her kindred either lineal or collateral, unless before his death his parents shall have intermarried...
Page 72 - Any county, city, town, or township may make and enforce within its limits all such local, police, sanitary, and other regulations as are not in conflict with general laws.
Page 478 - In the order or decree the court must name the persons, and the proportions or parts to which each shall be entitled, and such persons may demand, sue for, and recover their respective shares from the executor or administrator, or any person having the same in possession. Such order or decree is conclusive as to the rights of heirs, legatees, or devisees, subject only to be reversed, set aside, or modified on appeal.
Page 78 - The guaranty necessarily implies a duty on the part of the States themselves to provide such a government. All the States had governments when the Constitution was adopted. In all the people participated to some extent, through their representatives elected in the manner specially provided. These governments the Constitution did not change. They were accepted precisely as they were, and it is, therefore, to be presumed that they were such as it was the duty of the States to ; provide. Thus we have...