Reports of Cases Determined in the Supreme Court of the State of California, Volume 109Bancroft-Whitney, 1906 - Law reports, digests, etc |
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Results 1-5 of 100
Page vi
... 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 jus- tices qualified to sit in the cause shall hear the argument ; but to render ...
... 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 jus- tices qualified to sit in the cause shall hear the argument ; but to render ...
Page vii
... present Supreme Court Commis- sioners appoint five persons of legal learning and per- sonal worth as Commissioners of said Court . It shall be the duty of said Commissioners , under such rules and regulations as said Court may adopt ...
... present Supreme Court Commis- sioners appoint five persons of legal learning and per- sonal worth as Commissioners of said Court . It shall be the duty of said Commissioners , under such rules and regulations as said Court may adopt ...
Page 9
... present were not authorized to transact any business , and the action taken to waive further proceedings for the collec- tion of defendant's assessment by sale , and to proceed by action at law to collect the amount of the assessment ...
... present were not authorized to transact any business , and the action taken to waive further proceedings for the collec- tion of defendant's assessment by sale , and to proceed by action at law to collect the amount of the assessment ...
Page 10
... present at the meeting which passed the resolution authorizing the assignment . It was contended that the assignment was not binding on the corporation , because it did not appear that notice of the meeting was given to all the ...
... present at the meeting which passed the resolution authorizing the assignment . It was contended that the assignment was not binding on the corporation , because it did not appear that notice of the meeting was given to all the ...
Page 20
... present at the hearing , or to employ counsel to represent her thereat , or to make any inquiries about the will or estate , does not show such ex- trinsic or collateral fraud , within the meaning of the rule , as will enable the ...
... present at the hearing , or to employ counsel to represent her thereat , or to make any inquiries about the will or estate , does not show such ex- trinsic or collateral fraud , within the meaning of the rule , as will enable the ...
Contents
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Common terms and phrases
adverse possession affirmed agreement alleged appeal apply assignment attorney authority bank bituminous rock bond cause of action certificate cited Civil Code Civil Procedure claim Code Civ Code of Civil complaint concurred consent constitution contract conveyance conveyed corporation court of equity creditors damages debt deceased deed defendant defendant's demurrer dollars election entitled equity evidence execution facts filed fraud GAROUTTE granted held homestead indebtedness insolvent interest Judge judgment and order jurisdiction jury land legislature liability lien ment mortgage mortgagor motion notice opinion order denying owner paid parties payment person plaintiff pleading possession premises prior probate purchase question quiet title railroad real property reason recover refusing respondent rule San Joaquin County statute stockholders Superior Court supra surety Sutter County therein thereof thereto tion trial trust Tulare County void water right
Popular passages
Page 155 - ... before or at the time of incurring such indebtedness, provision shall be made for the collection of an annual tax sufficient to pay the interest on such indebtedness as it falls due, and also to constitute a sinking fund for the payment of the principal thereof, within twenty years from the time of contracting the same.
Page 205 - ... 2. In other cases, the judgment or order is, in respect to the matter directly adjudged, conclusive between the parties, and their successors in interest by title subsequent to the commencement of the action or special proceeding, litigating for the same thing, under the same title, and in the same capacity.
Page 175 - In all cases of mutual debts or mutual credits between the estate of a bankrupt and a creditor the account shall be stated and one debt shall be set off against the other, and the balance only shall be allowed or paid.
Page 646 - The county court of each county, when it appears necessary or convenient, may appoint guardians for the persons and estates, or either, or both of them, of minors who have no guardian legally appointed by will, or deed, and who are inhabitants or residents of the county, or who reside without the State and have estate within the county.
Page 450 - All proceedings and actions before a justice's or police court, or a municipal court, for a public offense of which such courts have jurisdiction, must be commenced by complaint under oath, setting forth the offense charged, with such particulars of time, place, person, and property as to enable the defendant to understand distinctly the character of the offense complained of, and to answer the complaint.
Page 9 - When no provision is made in the by-laws for regular meetings of the directors and the mode of calling special meetings, all meetings must be called by special notice in writing, to be given to each director by the secretary, on the order of the president, or if there be none, on the order of two directors.
Page 648 - The parent entitled to the custody of a child must give him support and education suitable to his circumstances. If the support and education which the father of a legitimate child is able to give are inadequate, the mother must assist him to the extent of her ability.
Page 697 - In an action brought to recover a balance due upon a mutual, open, and current account, where there have been reciprocal demands between the parties, the cause of action is deemed to have accrued from the time of the last item, proved in the account on either side.
Page 541 - London Conveyance Company," or any other words, but they have a right to call upon this court to restrain the defendant from fraudulently using precisely the same words and devices which they have taken for the purpose of distinguishing their property, and thereby depriving them of the fair profits of their business by attracting custom on the false representation that carriages, really the defendant's, belong to, and are under the management of the plaintiffs.
Page 640 - Where the record is silent as to what was done, it will be presumed that what ought to have been done was not only done, but rightly done: but when the record states what was done, it will not be presumed that something different was done.