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 26
... 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 in sections 3399 and 3402 of the Civil Code , the plaintiff might have ...
... 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 in sections 3399 and 3402 of the Civil Code , the plaintiff might have ...
Page 60
... facts are stated in the opinion of the court . J. S. Chapman , and Ward Chapman , for Appellant . W. B. Mathews , for Respondent . MCFARLAND , J. - The plaintiff is a municipal corpora- tion , and Tenth Street is a public street lying ...
... facts are stated in the opinion of the court . J. S. Chapman , and Ward Chapman , for Appellant . W. B. Mathews , for Respondent . MCFARLAND , J. - The plaintiff is a municipal corpora- tion , and Tenth Street is a public street lying ...
Page 106
... facts specifically alleged as to the distribution of the stock to her , and that she accepted " the certificate and retained the same , does not , as against a general demurrer and a special demurrer for un- certainty and ambiguity ...
... facts specifically alleged as to the distribution of the stock to her , and that she accepted " the certificate and retained the same , does not , as against a general demurrer and a special demurrer for un- certainty and ambiguity ...
Page 111
... facts negativing the actionable negligence of the landlord in maintaining the wire rope and facts showing her own contribu- tory negligence , is insufficient ; and it is not sustainable by reason of an allegation that she was using all ...
... facts negativing the actionable negligence of the landlord in maintaining the wire rope and facts showing her own contribu- tory negligence , is insufficient ; and it is not sustainable by reason of an allegation that she was using all ...
Page 115
... facts were established in the case than that defendant was a married man whose wife resided in a house of prostitution , and that defendant knew that she was residing therein , they should permit no presumption of law against defendant ...
... facts were established in the case than that defendant was a married man whose wife resided in a house of prostitution , and that defendant knew that she was residing therein , they should permit no presumption of law against defendant ...
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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...