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action affirmed agreed agreement alleged allowed amount answer appeal applied attorney authority bank bill bond cause charge cited Civil claim Code complaint constitute construction contract corporation damages deceased deed defendant demand denying direct dollars duty effect entered entitled evidence execution fact filed finding follows given granted ground held intention interest issued judg judgment jury land lease lien matter ment mortgage motion named necessary negligence notice objection offered opinion owner paid parties payment person petition plaintiff portion possession premises presented proceedings proper purchase question reason received record recover reference refusing rendered respondent rule San Francisco shares statement statute street sufficient Superior Court supra taken thereof tion trial trustees valid
Page 253 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page 109 - Actions for the recovery of any property, real or personal, or for the possession thereof, or to quiet title thereto, or to determine any adverse claim "thereon, and all actions founded upon contracts, may be maintained by and against executors and administrators in all cases in which the same might have been maintained by or against their respective testators or intestates.
Page 5 - That every Will made by a Man or Woman shall be revoked by his or her Marriage (except a Will made in exercise of a Power of Appointment, when the Real or Personal Estate thereby appointed would not in default of such Appointment pass to his or her Heir, Customary Heir, Executor, or Administrator, or the Person entitled as his or her next of Kin, under the Statute of Distributions...
Page 68 - ... accompanied by an immediate delivery, and followed by an actual and continued change of possession...
Page 194 - ... during the possession of such property by the appellant, he will not commit, or suffer to be committed any waste thereon...
Page vi - Court when so convened. The concurrence of four Justices 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 Justices qualified to sit in the cause shall hear the argument; but to render a judgment a concurrence of four Judges shall be necessary. In the determination of causes, all decisions of the Court in bank or in departments shall be given in writing, and the grounds of the decision shall be stated....
Page 182 - No county, city, town, township, Board of Education, or school district, shall incur any indebtedness or liability in any manner, or for any purpose, exceeding in any year the income and revenue provided for it for such year, without the assent of two-thirds of the qualified electors thereof voting at an election to be held for that purpose...
Page 319 - To guard against mistakes or delays, the sender of a message should order it repeated; that is, telegraphed back to the originating office for comparison. For this, one-half the regular rate is charged in addition.
Page 554 - When a thing which causes injury is shown to be under the management of the defendant, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from a want of care.