California Appellate Decisions, Volume 27Recorder Print. and Publishing Company, 1918 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 35
... action and that the attorney took the course which to him seemed best calculated to conserve her interests in the property , the order must be affirmed . Appeal from the Superior Court of Alameda County - Everett J. Brown , Judge . For ...
... action and that the attorney took the course which to him seemed best calculated to conserve her interests in the property , the order must be affirmed . Appeal from the Superior Court of Alameda County - Everett J. Brown , Judge . For ...
Page 46
... action on the ground that an impartial trial cannot be had in the county wherein the action is pending is within its discretion and the order may not be reversed unless the discretion has been abused . [ 2 ] ID . TRANSFER TO NEAREST ...
... action on the ground that an impartial trial cannot be had in the county wherein the action is pending is within its discretion and the order may not be reversed unless the discretion has been abused . [ 2 ] ID . TRANSFER TO NEAREST ...
Page 50
... action has been tried three times in Merced county . That upon the first trial , the jury was im- paneled but upon the conclusion of plaintiff's case a nonsuit was granted . On the second trial the cause was submitted to the jury and ...
... action has been tried three times in Merced county . That upon the first trial , the jury was im- paneled but upon the conclusion of plaintiff's case a nonsuit was granted . On the second trial the cause was submitted to the jury and ...
Page 51
... action will be subject to challenge for cause by the defendant " . The affidavit then states that according to the great register of Merced county for the year 1914 , there were 7,580 registered voters in the county , about one - third ...
... action will be subject to challenge for cause by the defendant " . The affidavit then states that according to the great register of Merced county for the year 1914 , there were 7,580 registered voters in the county , about one - third ...
Page 53
... action , for the purpose of instilling this into the minds of the jurors and the public , the said defendant has taken every opportunity to show that the said plaintiff Canal Company is controlled entirely by the corporation Miller ...
... action , for the purpose of instilling this into the minds of the jurors and the public , the said defendant has taken every opportunity to show that the said plaintiff Canal Company is controlled entirely by the corporation Miller ...
Contents
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Common terms and phrases
affidavit affirmed agreement alleged amended assessment attorney BEASLY bonds cause of action charge Civil Procedure claim Code of Civil Company complaint concur constitute contention contract conveyed corporation counsel Crim damages deceased declared deed Defendant and Appellant defendant's demurrer denied entitled evidence execution fact favor filed finding ground held injury instruction interest issue Judge judgment jury land lien Madera county ment Merced county Merced River mortgage motion negligence notice ordinance owner paid parties payment person petitioner Plaintiff and Respondent pleadings possession premises pro tem proceeding promissory note purchase purpose question quiet title reason recover rule San Joaquin River Second Appellate District sentence law sexual intercourse Stanislaus county statute street sufficient Superior Court sustained testified testimony therein thereof Third Appellate District tion tract trial court trustees verdict witness writ
Popular passages
Page 158 - In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession or the value thereof, in case a delivery cannot be had, and damages for the detention.
Page 216 - But apart from the common law as to restraint of trade thus taken up by the statute the law is full of instances where a man's fate depends on his estimating rightly, that is, as the jury subsequently estimates it, some matter of degree. If his judgment is wrong, not only may he incur a fine or a short imprisonment, as here; he may incur the penalty of death.
Page 237 - He must restore to the other party everything of value which he has received from him under the contract; or must offer to restore the same, upon condition that such party shall do likewise, unless the latter is unable or positively refuses to do so.
Page 569 - ... after an examination of the entire cause, including the evidence, the court shall be of the opinion that the error complained of has resulted in a miscarriage of justice...
Page 401 - Act to recover damages for personal injuries to an employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee...
Page 403 - A servant is one who is employed to render personal service to his employer, otherwise than in the pursuit of an independent calling, and who in such service remains entirely under the control and direction of the latter, who is called his master.
Page 198 - And it is understood that the stipulations aforesaid are to apply to and bind the heirs, executors, administrators, and assigns of the respective parties, and that time is of the essence of this contract.
Page 289 - If of or over the age of sixteen years, and under the age of eighteen years...
Page 7 - The Legislature shall provide for a system of Common Schools, by which a school shall be kept up and supported in each district at least three months in every year : and any school district neglecting to keep up and support such a school, may be deprived of its proportion of the interest of the public fund during such neglect.
Page 300 - There are particular relations in which it is the policy of the law to encourage confidence, and to preserve it inviolate; therefore, a person cannot be examined as a witness in the following cases: 1.