Digest of the Reports of the Supreme Court of California: Volumes One Hundred and One to One Hundred and Eleven Inclusive [1894-1896], Together with a Table of Cases Reported ... and of the Citations of California Decisions in All Pacific Coast States and Territories During the Period Covered by this Digest, Volume 4Bancroft-Whitney, 1896 - 561 pages |
From inside the book
Results 1-5 of 84
Page 1
... plead the pendency of the former action in abatement until the judgment therein becomes final , when the judgment may be pleaded in bar of the ac- tion by supplemental answer . ( Brown v . Campbell , 110 Cal . 644. ) 4. Upon a plea of a ...
... plead the pendency of the former action in abatement until the judgment therein becomes final , when the judgment may be pleaded in bar of the ac- tion by supplemental answer . ( Brown v . Campbell , 110 Cal . 644. ) 4. Upon a plea of a ...
Page 4
... Pleadings , admissions in . and Practice , IV . See Pleading Allegations in answer admitted by judg- ment on the pleadings . See Judgments , 18 . Admitted facts need not be found . See Findings , I. Stipulation admitting facts obviates ...
... Pleadings , admissions in . and Practice , IV . See Pleading Allegations in answer admitted by judg- ment on the pleadings . See Judgments , 18 . Admitted facts need not be found . See Findings , I. Stipulation admitting facts obviates ...
Page 6
... pleading which requires a party claiming title by limitations to plead it , while , if he derived his title from any other source he might avail himself of it without a special plea and without stating the source of his title , is a ...
... pleading which requires a party claiming title by limitations to plead it , while , if he derived his title from any other source he might avail himself of it without a special plea and without stating the source of his title , is a ...
Page 11
... Pleading and Practice , VII . Agreed statements . See Appeals , XI , 3 . New trial cannot be had in . See New Trial , 1 . Findings are not necessary on . See Find- ings , 4 . AGRICULTURAL LANDS . Suitableness for cultivation . See ...
... Pleading and Practice , VII . Agreed statements . See Appeals , XI , 3 . New trial cannot be had in . See New Trial , 1 . Findings are not necessary on . See Find- ings , 4 . AGRICULTURAL LANDS . Suitableness for cultivation . See ...
Page 12
... Pleadings , amendments to . See Pleading and Practice , VI . Licenses , amendment of . See Licenses , I. Instructions , amendment of . See Instruc- tions , II . Return , amendment of . See Summons , III . Laws relating to corporations ...
... Pleadings , amendments to . See Pleading and Practice , VI . Licenses , amendment of . See Licenses , I. Instructions , amendment of . See Instruc- tions , II . Return , amendment of . See Summons , III . Laws relating to corporations ...
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Common terms and phrases
admissible adverse possession alleged amended appeal assessment assignment attorney bank bill bond cause of action certiorari charge Civil Code Civil Procedure claim Code of Civil Common Carriers complaint constitution contract conveyance corporation court of equity creditors Criminal Law damages debt Deceased Persons decree deed defendant demurrer dence easement effect election entitled equity estoppel evidence execution executor fact fendant filed finding foreclosure fraud grant ground homestead husband injury insolvent instruction Insurance interest Irrigation judgment judicial notice jurisdiction jury land liability lien ment mortgage mortgagor motion negligence notice ordinance owner parties payment plaintiff Pleading possession presumption prior proceedings proof purchase question quiet title railroad recover statute of limitations stockholders street sufficient superior court supervisors sureties thereof tion trial trust valid vendor verdict void wife witness
Popular passages
Page 174 - For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States ; nor while engaged in the navigation of the waters of this State or of the United States, or of the high seas ; nor while a student of any seminary of learning, nor while kept at any almshouse or other asylum at public expense ; nor while confined in any public prison.
Page 156 - For the breach of an obligation arising from contract, the measure of damages, except where otherwise expressly provided by this Code, is the amount which will compensate the party aggrieved for all the detriment proximately caused thereby, or which in the ordinary course of things would be likely to result therefrom.
Page 119 - ... before or at the time of incurring such indebtedness, provision shall be made for the collection of an annual tax sufficient to pay the interest on such indebtedness as it falls due, and also to constitute a sinking fund for the payment of the principal thereof within twenty years from the time of contracting the same.
Page 389 - One who sells the good-will of a business may agree with the buyer to refrain from carrying on a similar business within a specified county, city, or a part thereof, so long as the buyer, or any person deriving title to the good-will from him, carries on a like business therein.
Page 101 - No corporation shall issue stock or bonds, except for money paid, labor done, or property actually received, and all fictitious increase of stock or indebtedness shall be void.
Page 473 - ... and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed ; but whenever any person, in the construction of any ditch or canal, injures or damages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage.
Page 340 - Words giving a joint authority to three or more public officers or other persons, are construed as giving such authority to a majority of them, unless it is otherwise expressed in the act giving the authority; 18. When the seal of a court or public officer is required by law to be affixed to any paper, the word "seal...
Page 74 - A written instrument, in respect to which there is a reasonable apprehension that if left outstanding it may cause serious injury to a person against whom it is void or voidable, may, upon his application, be so adjudged, and ordered to be delivered up or canceled.
Page 256 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page 95 - All contracts for the sale of shares of the capital stock of any corporation or association, on margin or to be delivered at a future day, shall be void, and any money paid on such contracts may be recovered by the party paying it by suit in any Court of competent jurisdiction.