Reports of Cases Determined in the Courts of Appeal of the State of California, Volume 29Bancroft-Whitney, 1916 |
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Page 7
... claims , however , that certain letters written by respondent constitute admis- sions conclusive in their nature ... claim for the compensation asserted by his complaint . Without recit- ing in detail the contents of these letters ...
... claims , however , that certain letters written by respondent constitute admis- sions conclusive in their nature ... claim for the compensation asserted by his complaint . Without recit- ing in detail the contents of these letters ...
Page 26
... claim is that the petitioner herein was not shown to ever have been legally appointed , and that because of such fact she was not entitled to collect salary . It is ad- mitted that at all times material to matters in issue she was at ...
... claim is that the petitioner herein was not shown to ever have been legally appointed , and that because of such fact she was not entitled to collect salary . It is ad- mitted that at all times material to matters in issue she was at ...
Page 42
... claim whenever default should be made on the defendant's obligation . The facts of such de- fault and of demand for ... claims that an allega- tion of such value is essential to the cause of action . The plaintiff in this first count ...
... claim whenever default should be made on the defendant's obligation . The facts of such de- fault and of demand for ... claims that an allega- tion of such value is essential to the cause of action . The plaintiff in this first count ...
Page 44
... claim and delivery of personal property , it was held that , where the goods had been taken from the defendant and the judg- ment was that the defendant was entitled to possession of them , and it further appeared that the defendant had ...
... claim and delivery of personal property , it was held that , where the goods had been taken from the defendant and the judg- ment was that the defendant was entitled to possession of them , and it further appeared that the defendant had ...
Page 61
... claim against the property , and where such relief is the only judg- ment sought , and an action like this to rescind such contract and to recover back the consideration paid . In Herd v . Tuohy , 133 Cal . 55 , [ 65 Pac . 139 ] , it ...
... claim against the property , and where such relief is the only judg- ment sought , and an action like this to rescind such contract and to recover back the consideration paid . In Herd v . Tuohy , 133 Cal . 55 , [ 65 Pac . 139 ] , it ...
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Common terms and phrases
admission adverse possession affidavit affirmed agreement alleged amendment amount answer Appellate District.-February bank cause of action charged Civil Procedure claim Code of Civil committed Company complaint concurred constitution contract conviction corporation corpus delicti counsel crime criminal damages deceased deed defendant defendant's delivered delivery demijohn demurrer district attorney effect entitled error evidence execution facts favor fendant filed finding hundred dollars instruction Judge judgment and order jury land Los Angeles County matter ment motion notice nunc pro tunc objection offense opinion order denying owner parties payment person petition petitioner plaintiff pleadings possession proceeding promissory note prosecution purchase question quiet title raisins real property reason received record recover refused Respondent rule San Francisco statement statute sufficient Superior Court supreme court testified testimony therein thereof thereto tion trial court verdict witness
Popular passages
Page 19 - Involuntary — in the commission of an unlawful act, not amounting to felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection.
Page 737 - ... that during the possession of such property by the appellant, he will not commit or suffer to be committed any waste thereon...
Page 231 - The right of trial by jury shall be secured to all, and remain inviolate ; but in civil actions three-fourths of the jury may render a verdict.
Page 228 - Whenever it appears by affidavit to the satisfaction of a magistrate of a county, or city and county, that any person is so far addicted to the intemperate use of narcotics or stimulants as to have lost the power of self-control, or is subject to dipsomania or inebriety...
Page 107 - ... unless the court shall, on due notice, order that the right under such levy, judgment, attachment, or other lien shall be preserved for the benefit of the estate; and thereupon the same may pass to and shall be preserved by the trustee for the benefit of the estate as aforesaid.
Page 337 - 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 33 - In estimating damages, the value of property to a seller thereof is deemed to be the price which he could have obtained therefor in the market nearest to the place at which it should have been accepted by the buyer, and at such time after the breach of the contract as would have sufficed, with reasonable diligence, for the seller to effect a resale.
Page 698 - The Governor shall have the power to grant reprieves, commutations and pardons after conviction, for all offenses except treason and cases of impeachment, upon such conditions and with such restrictions and limitations, as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons.
Page 47 - The adverse party may except to the sufficiency of the sureties within five days after the filing of the undertaking, and unless they or other sureties justify before the justice or...
Page 691 - A sentence of imprisonment in a state prison for any term less than for life suspends all the civil rights of the person so sentenced, and forfeits all public offices and all private trusts, authority, or power during such imprisonment.