Digest of the Reports of the Supreme Court of California: Volumes One Hundred and Twelve to One Hundred and Twenty-five Inclusive, Together with a Table of Cases Reported ... |
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... plaintiff upon either , an instruction that before plaintiff could recover he must estab- lish the facts that the bull at the time he in- flicted the injury was vicious , and that de- fendant had knowledge of its vicious charac- ter ...
... plaintiff upon either , an instruction that before plaintiff could recover he must estab- lish the facts that the bull at the time he in- flicted the injury was vicious , and that de- fendant had knowledge of its vicious charac- ter ...
Page 54
... plaintiff's evidence by a deed and re- ceipt is matter only to be considered by the trial court , and cannot be ... plaintiff , the testimony of two wit- nesses for the plaintiff tends to prove the negligence of the defendant , as ...
... plaintiff's evidence by a deed and re- ceipt is matter only to be considered by the trial court , and cannot be ... plaintiff , the testimony of two wit- nesses for the plaintiff tends to prove the negligence of the defendant , as ...
Page 59
... plaintiff's property declared therein , such a state of facts must be assumed to have been shown at the trial . ( O ... plaintiff that the jury believed those wit- nesses whose testimony was favorable to the plaintiff . ( Hennesey v ...
... plaintiff's property declared therein , such a state of facts must be assumed to have been shown at the trial . ( O ... plaintiff that the jury believed those wit- nesses whose testimony was favorable to the plaintiff . ( Hennesey v ...
Page 64
... plaintiff , and the plaintiff's demurrer to the complaint in in- tervention was overruled , after which a trial was had upon the issues of fact , the entry of default of plaintiff upon failure to answer such complaint in intervention ...
... plaintiff , and the plaintiff's demurrer to the complaint in in- tervention was overruled , after which a trial was had upon the issues of fact , the entry of default of plaintiff upon failure to answer such complaint in intervention ...
Page 67
... plaintiff incompetent , and the action of the trial court in admitting the evidence as to the customary charges , upon behalf of the plaintiff , and in refusing to strike it out after the defendants had proved the rule of architects ...
... plaintiff incompetent , and the action of the trial court in admitting the evidence as to the customary charges , upon behalf of the plaintiff , and in refusing to strike it out after the defendants had proved the rule of architects ...
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action administrator admissible adverse possession affidavit agent agreement alimony alleged amendment amount ante appeal assignee Assumpsit attorney averment bank bond charge Civil Code Civil Procedure claim Code of Civil complaint constitute contract conveyance corporation creditors Criminal Law damages debtor Deceased Persons declaration decree deed defendant demurrer dence dismissed effect election error Estates of Deceased estoppel evidence execution executor fact failure favor fendant filed finding foreclosure fraud fraudulent Fraudulent Conveyances grant ground heirs homestead husband insolvent instruction judge judgment jurisdiction jurors jury land lease liability lien mandamus Marriage ment mort mortgage mortgagor motion notice owner party payment plaintiff Pleading possession presumption prior probative facts proceedings proof prosecution purchaser question quiet title refused Replevin statute Statute of Limitations stockholders sufficient superior court testimony thereof tion trial Trusts and Trustees valid verdict void wife witness
Popular passages
Page 183 - It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Page 71 - ... has not been secured by any mortgage or lien upon real or personal property, or any pledge of personal property...
Page 66 - When the defendant has been guilty of a fraud, in contracting the debt, or incurring the obligation for which the action is brought, or in concealing or disposing of the property, for the taking, detention, or conversion of which the action is brought : 5. When the defendant has removed, or disposed of his property, or is about to do so, with intent to defraud his creditors.
Page 408 - In the case of an assignment of a thing in action, the action by the assignee is without prejudice to any set-off, or other defense existing at the time of, or before, notice of the assignment...
Page 254 - The decisions on the subject of passengers' baggage turn upon the question : What articles may baggage consist of ? This is a mixed question of law and fact, to be determined by the jury under proper instructions from the court.
Page 148 - No corporation shall issue stock or bonds, except for money paid, labor done, or property actually received, and all fictitious increase of stock or indebtedness shall be void.
Page 403 - Where a court has jurisdiction, it has a right to decide every question which occurs in the cause; and, whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other court : but, if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void.
Page 506 - ... of the qualified electors thereof voting at an election to be held for that purpose, nor unless, before or at the time of incurring such indebtedness, provision shall be made for the collection of an annual...
Page 336 - At this trial the court entered judgment, holding that appellee was the owner of and entitled to the possession of the property in question.
Page 178 - ... is a circumstance to be weighed by the jury as tending in some degree to prove a consciousness of guilt, and is entitled to more or less weight, according to the circumstances of the particular case.