Reports of Cases Determined in the Supreme Court of the State of California, Volume 107Bancroft-Whitney, 1906 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page xvii
... ground of the ambiguity and uncertainty of the complaint ... 15780 ... Haines v . Stilwell . Judgment and order affirmed on a review of the evidence 15828 Heydenfeldt v . Jacobs . Judgment affirmed on the authority of Hydenfeldt v ...
... ground of the ambiguity and uncertainty of the complaint ... 15780 ... Haines v . Stilwell . Judgment and order affirmed on a review of the evidence 15828 Heydenfeldt v . Jacobs . Judgment affirmed on the authority of Hydenfeldt v ...
Page 30
... ground in said field No. 1. " It is not found that Cole made any false representation in the premises . The court , however , found that Cole made the representation , " having then actual knowledge of said mortgage , " and for the ...
... ground in said field No. 1. " It is not found that Cole made any false representation in the premises . The court , however , found that Cole made the representation , " having then actual knowledge of said mortgage , " and for the ...
Page 32
... ground upon which Cole was estopped from asserting his right as attaching creditor , or from denying the continuance of the lien . He made no false representation ; the person to whom the representation was made knew the fact ...
... ground upon which Cole was estopped from asserting his right as attaching creditor , or from denying the continuance of the lien . He made no false representation ; the person to whom the representation was made knew the fact ...
Page 33
... ground that such judgment is not ap- pealable ; but such a judgment is as plainly within the language al- lowing appeals as any other , and damages will not be imposed upon such appeal , where the appeal taken is not frivolous . APPEAL ...
... ground that such judgment is not ap- pealable ; but such a judgment is as plainly within the language al- lowing appeals as any other , and damages will not be imposed upon such appeal , where the appeal taken is not frivolous . APPEAL ...
Page 42
... ground that the defendant in the action annulling the marriage was not served with summons , and had no notice of the suit , and never appeared therein , and that the judg- ment was procured by the fraudulent practice of the plaintiff ...
... ground that the defendant in the action annulling the marriage was not served with summons , and had no notice of the suit , and never appeared therein , and that the judg- ment was procured by the fraudulent practice of the plaintiff ...
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Common terms and phrases
action adverse possession affidavit affirmed alleged amount appellant attorney authority averment bank board of supervisors cable company charge city and county Civil Code Civil Procedure claim Code of Civil complaint concurred contract contractor contributory negligence conveyance corporation County of San court of equity creditors damages deceased deed defendant dollars Elk river entitled estopped estoppel evidence executed executors fact filed finding fraud GAROUTTE ground Havermale held interest intervenor issued judg judgment and order jury land lease liability lien Mendocino county ment mortgage mortgagor motion negligence notice opinion order denying owner paid parties payment petition plaintiff possession premises purchase purpose question R. R. Co reason recover respondent rule San Francisco statute stockholders street sufficient Superior Court supra testator thereof tion trial trustees unlawful detainer valid void
Popular passages
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.
Page 322 - Gross negligence w an entire failure to exercise care, or the exercise of so slight a degree of care as to justify the belief that there was an indifference to the interest and welfare of others.