California Appellate Decisions, Volume 18Recorder Print. and Publishing Company, 1914 |
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Page 11
... ISSUE UNDER PLEADING - GENERAL ALLEGATION OF NEGLIGENCE . - An instruction to the jury in such an action that ' at the place where this accident is shown to have occurred there was no law regulating the speed of cars " , and that " the ...
... ISSUE UNDER PLEADING - GENERAL ALLEGATION OF NEGLIGENCE . - An instruction to the jury in such an action that ' at the place where this accident is shown to have occurred there was no law regulating the speed of cars " , and that " the ...
Page 11
... issue tendered by the pleadings . It was alleged in the com- plaint that the death of deceased was the direct and proximate result of " the negligence of defendant in the operation of its electric cars " . [ 3 ] While the specific acts ...
... issue tendered by the pleadings . It was alleged in the com- plaint that the death of deceased was the direct and proximate result of " the negligence of defendant in the operation of its electric cars " . [ 3 ] While the specific acts ...
Page 11
... issue as to whether the proposed tenant gave satisfactory evidence of his ability to carry out the terms of the proposed lease contract . While a part of the findings relating to the making of the contract justifies the criticism that ...
... issue as to whether the proposed tenant gave satisfactory evidence of his ability to carry out the terms of the proposed lease contract . While a part of the findings relating to the making of the contract justifies the criticism that ...
Page 17
... issue were the legality of the method adopted by the commissioners of assessment in apportioning the amount of the assessment on the different parcels of land in the district " . The assessment is questioned on various grounds , one of ...
... issue were the legality of the method adopted by the commissioners of assessment in apportioning the amount of the assessment on the different parcels of land in the district " . The assessment is questioned on various grounds , one of ...
Page 36
... issue relating to the improvement and preservation of the property , found that Tiscornia had ex- pended $ 100 in leveling the leased portion of the land , but found against him in so far as the construction and cost of the fence or ...
... issue relating to the improvement and preservation of the property , found that Tiscornia had ex- pended $ 100 in leveling the leased portion of the land , but found against him in so far as the construction and cost of the fence or ...
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Common terms and phrases
Affd affirmed agreement alleged amended amount answer appeal application assessment attorney California cause of action charged Civil Procedure claim Code of Civil Company complaint concur CONREY constitution construction contract corporation cotenant Crim cross-complaint damages deceased deed Defendant and Appellant defendant's demurrer ditch eminent domain entitled error evidence fact favor filed findings instruction issue Judge judgment jury land lease legislature liquors ment motion negligence no-license territory notice option law order denying Owens River owner parties payment peremptory challenges person petitioner Plaintiff and Respondent pleaded Pndg possession premises proceedings promissory note proof purchase purpose question railroad real property reason riparian rights rule Rvsd Second Appellate District solicitation specific statute street sufficient Superior Court testified testimony therein thereof tion trial court Trona unlawful detainer verdict witness Woodland Township writ
Popular passages
Page 437 - Rape is an act of sexual intercourse, accomplished with a female not the wife of the perpetrator, under either of the following circumstances: 1.
Page 696 - The detriment caused by the breach of an agreement to convey an estate in real property, is deemed to be the price paid, and the expenses properly incurred in examining the title and preparing the necessary papers, with interest thereon; but adding thereto, in case of bad faith, the difference between the price agreed to be paid and the value of the estate agreed to be conveyed, at the time of the breach, and the expenses properly incurred in preparing to enter upon the land.
Page 720 - ... 1. For a public offense committed or attempted in his presence; 2. When a person arrested has committed a felony, although not in his presence ; 3. When a felony has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it; 4.
Page 666 - Every transfer of property or charge thereon made, every obligation incurred, and every judicial proceeding taken, with intent to delay or defraud any creditor or other person of his demands, is void against all creditors of the debtor, and their successors in interest, and against any person upon whom the estate of the debtor devolves in trust for the benefit of others than the debtor.
Page 518 - But whenever the actual existence of any particular purpose, motive or intent is a necessary element to constitute a particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time, in determining the purpose, motive or intent with which he committed the act.
Page 489 - An agreement authorizing or employing an agent or broker to purchase or sell real estate for compensation or a commission; 6.
Page 314 - The parties to a contract may agree therein upon an amount which shall be presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage.
Page 493 - Land by township, range, section, or fractional section, and when such land is not a Congressional division or subdivision, by metes and bounds, or other description sufficient to identify it, giving an estimate of the number of acres, locality, and the improvements thereon.
Page 315 - In pleading the performance of conditions precedent in a contract, it is not necessary to state the facts showing such performance, but it may be stated generally that the party duly performed all the conditions on his part, and...
Page 93 - No judgment, decision, or decree shall be reversed or affected by reason of any error, ruling, instruction, or defect, unless it shall appear from the record that such error, ruling, instruction, or defect was prejudicial, and also that by reason of such error, ruling, instruction, or defect, the said party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probable if such error, ruling, instruction, or defect had not occurred or existed....