Reports of Cases Determined in the Supreme Court of the State of California, Volume 64Bancroft-Whitney, 1906 |
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Page 4
... defendant was indebted to him as a balance for moneys paid out and expended , in the sum of $ 2,434.32 , and asked that an accounting be had . This complaint was filed October 7 , 1875 . On the 19th of October , 1877 , the defendant ...
... defendant was indebted to him as a balance for moneys paid out and expended , in the sum of $ 2,434.32 , and asked that an accounting be had . This complaint was filed October 7 , 1875 . On the 19th of October , 1877 , the defendant ...
Page 16
... defendant , who has since occupied the lands solely for himself . Neither of the agreements have been performed ; but the defendant averred in his cross - complaint that he was ready , able , and willing to perform the agreement of ...
... defendant , who has since occupied the lands solely for himself . Neither of the agreements have been performed ; but the defendant averred in his cross - complaint that he was ready , able , and willing to perform the agreement of ...
Page 17
... defendant was in possession of the lands under agreements of purchase and part performance . The motion was denied , and the ruling is assigned as error . But as the defendant denied the plaintiff's cause of action at law , and as the ...
... defendant was in possession of the lands under agreements of purchase and part performance . The motion was denied , and the ruling is assigned as error . But as the defendant denied the plaintiff's cause of action at law , and as the ...
Page 18
... defendant denied repudiation and relied upon readiness and ability to perform , which was prevented by the plaintiff , or an offer to perform which was rejected , those were matters in de- fense to the action at law , or for the ...
... defendant denied repudiation and relied upon readiness and ability to perform , which was prevented by the plaintiff , or an offer to perform which was rejected , those were matters in de- fense to the action at law , or for the ...
Page 19
... defendant had , therefore , done nothing to forfeit the benefit of his contract ; and , being rightfully in possession under his equitable title , he could not be disturbed . The defendant in Bohall v . Diller had also entered into pos ...
... defendant had , therefore , done nothing to forfeit the benefit of his contract ; and , being rightfully in possession under his equitable title , he could not be disturbed . The defendant in Bohall v . Diller had also entered into pos ...
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Common terms and phrases
action affirmed agreement alleged appeal appointed assessment authority Bank board of supervisors bond Castro cause charge cited city and county Civil Procedure claim co-tenants Code Civ Code of Civil commencement complaint concurred Contra Costa County contract corporation county of San court of equity creditor decree deed defendant demand demurrer denied district effect entitled equity estoppel evidence executed facts filed findings Forbes grant guardian ad litem habeas corpus held indorser interest issued Judgment and order jurisdiction jury land liable MCKEE MCKINSTRY ment mortgage motion MYRICK officer opinion order refusing owner parties payment person petition petitioner plaintiff Political Code possession Proc proceedings promissory note provisions purchase railroad rancho rancho San Pablo Respondent rule San Francisco Santa Cruz SHARPSTEIN Southern Pacific Railroad statute sufficient Superior Court sustained Sutter County thereof THORNTON thousand dollars tion tract trial void witness writ
Popular passages
Page 258 - ... during the marriage or afterward, be, without the consent of the other, examined as to any communication made by one to the other during the marriage; but this exception does not apply to a civil action or proceeding by one against the other...
Page 241 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
Page 160 - ... with intent to influence his act, vote, opinion, decision or judgment on any matter, question, cause or proceeding which may be then pending, or may by law come or be brought before him in his official capacity...
Page 138 - Detectives" aforesaid ; and that your petitioner may have such other and further relief as the nature of the case may require.
Page 31 - 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 80 - Every mortgage, or conveyance intended to operate as a mortgage, of goods and chattels, which shall hereafter be made, which shall not be accompanied by an immediate delivery, and followed by an actual and continued change of possession...
Page 87 - ... in the presence of the defendant, who has, either in person or by counsel, cross-examined or had an opportunity to crossexamine the witness...
Page 267 - 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 585 - ... at the rate of two per cent per month from the date of said sale.
Page 68 - If, when the unconstitutional portion is stricken out, that which remains is complete in itself, and capable of being executed in accordance with the apparent legislative intent, wholly independent of that which was rejected, it must be sustained.