Reports of Cases Determined in the Courts of Appeal of the State of California, Volume 29Bancroft-Whitney, 1916 |
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Page 8
... DELIVERY . - By agreement a check may be taken as absolute payment , and the drawer will then be liable only as an indorser , and not on the original debt ; and a check is always so far payment until dishonored that , after its delivery ...
... DELIVERY . - By agreement a check may be taken as absolute payment , and the drawer will then be liable only as an indorser , and not on the original debt ; and a check is always so far payment until dishonored that , after its delivery ...
Page 32
... delivery was to be made from the ship's side at San Francisco . The bottles arrived at San Francisco on the steamship " Strathbeg " on June 15 , 1911. They were tendered to the defendant on June 16 , 1911 , and refused by him . The ...
... delivery was to be made from the ship's side at San Francisco . The bottles arrived at San Francisco on the steamship " Strathbeg " on June 15 , 1911. They were tendered to the defendant on June 16 , 1911 , and refused by him . The ...
Page 43
... delivery cannot be had , and damages for the detention . ( Code Civ . Proc . , sec . 667. ) In the earlier cases it was held to be imperative that the judg- ment be in the alternative form , and such judgments for pos- session only ...
... delivery cannot be had , and damages for the detention . ( Code Civ . Proc . , sec . 667. ) In the earlier cases it was held to be imperative that the judg- ment be in the alternative form , and such judgments for pos- session only ...
Page 44
... delivery thereof could not be had , that plaintiff recover from defend- ant the sum of $ 970 and specified costs . Manifestly , the judgment is for an excessive amount . For the reasons heretofore stated , no part of the $ 970 can be ...
... delivery thereof could not be had , that plaintiff recover from defend- ant the sum of $ 970 and specified costs . Manifestly , the judgment is for an excessive amount . For the reasons heretofore stated , no part of the $ 970 can be ...
Page 52
... DELIVERY OF POSSESSION - RULE OF EVIDENCE . The rule requiring the possession of personal property to be delivered to the vendee to render the sale valid as against the creditors of the vendor is one of evidence only , and in no way ...
... DELIVERY OF POSSESSION - RULE OF EVIDENCE . The rule requiring the possession of personal property to be delivered to the vendee to render the sale valid as against the creditors of the vendor is one of evidence only , and in no way ...
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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.