California Appellate Decisions, Volume 18Recorder Print. and Publishing Company, 1914 |
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Results 1-5 of 100
Page 41
... judgment allowing Tiscornia one hundred dollars for leveling a portion of the common property . Clearly the finding in this particular , when read and construed in conjunction with the pleadings and the evidence , was based solely upon ...
... judgment allowing Tiscornia one hundred dollars for leveling a portion of the common property . Clearly the finding in this particular , when read and construed in conjunction with the pleadings and the evidence , was based solely upon ...
Page 45
... judgment , because of certain fatal defects in the complaint but mainly on the ground that no estoppel was pleaded ... judgment , taken within sixty days ( sup- ported by judgment roll , vol . I , and by reporter's transcript , vol . II ) ...
... judgment , because of certain fatal defects in the complaint but mainly on the ground that no estoppel was pleaded ... judgment , taken within sixty days ( sup- ported by judgment roll , vol . I , and by reporter's transcript , vol . II ) ...
Page 48
... judgment referred to in the supplemental complaint , which said judgment was , on reference of the case to the district court of appeal , reversed and remittitur was duly issued , February 10 , 1910. Sections 337 , 338 , 339 and 343 of ...
... judgment referred to in the supplemental complaint , which said judgment was , on reference of the case to the district court of appeal , reversed and remittitur was duly issued , February 10 , 1910. Sections 337 , 338 , 339 and 343 of ...
Page 60
... JUDGMENT SUBSEQUENT ORDER OF TRIAL COURT - CONSOLIDATION OF ACTIONS INVOLVING SUB- JECT MATTER APPEAL UNAFFECTED . — An appeal from an order set- ting aside and vacating a default judgment is not abrogated by a subsequent order of the ...
... JUDGMENT SUBSEQUENT ORDER OF TRIAL COURT - CONSOLIDATION OF ACTIONS INVOLVING SUB- JECT MATTER APPEAL UNAFFECTED . — An appeal from an order set- ting aside and vacating a default judgment is not abrogated by a subsequent order of the ...
Page 61
... judgment entered upon the default of said respondent in failing to answer the complaint within the time required by law after service upon him of the summons and a copy of said complaint . The notice of motion states that the same ...
... judgment entered upon the default of said respondent in failing to answer the complaint within the time required by law after service upon him of the summons and a copy of said complaint . The notice of motion states that the same ...
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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....