Reports of Cases Determined in the District Courts of Appeal of the State of California, Volume 32Bancroft-Whitney Company, 1917 |
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affirmed agent agreement alleged amended amount Appellate District.-December attorney bonds cause of action Civil Code Civil Procedure claim Code of Civil complaint concurred constitute contract contributory negligence corporation County county clerk court of appeal damages deed defendant defendant's delivered demurrer district court entitled evidence executed facts favor fendant filed findings Fresno County hundred dollars injury instruction issue J. W. Young Judge judgment jurisdiction jury justice's court land lease matter McLaughlin Brothers ment mortgage motion negligence notice opinion order denying owner paid parties payment person petition petitioner plaintiff possession premises proceedings promissory note purchase purpose question reason record Respondent rule Salt Company San Joaquin River Second Appellate statute street sufficient Superior Court supreme court testified testimony therein thereof thousand dollars tion trial court verdict warrants wires witness writ Yolo County
Popular passages
Page 588 - A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Page 144 - J., observed that in order for it to apply "there must be reasonable evidence of negligence, but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen, if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Page 690 - 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 252 - ... in the usual course of the trade, business, profession, or occupation of his employer.
Page 606 - ... upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect...
Page 39 - Any county, city, town, or township may make and enforce within its limits all such local, police, sanitary, and other regulations as are not in conflict with general laws.
Page 674 - Every person who has actual notice of circumstances sufficient to put a prudent man upon inquiry as to a particular fact, has constructive notice of the fact itself in all cases in which, by prosecuting such inquiry, he might have learned such fact.— Code amend.— 1873:182.
Page 345 - An unrecorded instrument is valid as between the parties thereto and those who have notice thereof.
Page 37 - Except in cases where a different punishment is prescribed by this code, every offense declared to be a misdemeanor is punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding five hundred dollars, or by both.
Page 199 - When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and therefore there can be between the parties and their representatives, or successors in interest, no evidence of the terms of the agreement other than the contents of the writing, except in the following cases: 1.