Reports of Cases Determined in the Supreme Court of the State of California, Volume 98Bancroft-Whitney, 1906 |
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Page 27
... favor of the wife upon those issues , the action having been dismissed as to the administrator of the husband , a judgment in her favor is supported by the findings and evidence . APPEAL from a judgment of the Superior Court of Los ...
... favor of the wife upon those issues , the action having been dismissed as to the administrator of the husband , a judgment in her favor is supported by the findings and evidence . APPEAL from a judgment of the Superior Court of Los ...
Page 28
... favor of the defendants ; and court the judgment was reversed , and a new trial ordered . ( See Bull v . Coe , 77 Cal . 54 ; 11 Am . St. Rep . 235. ) return of the remittitur the pleadings were amended several times ; and the action was ...
... favor of the defendants ; and court the judgment was reversed , and a new trial ordered . ( See Bull v . Coe , 77 Cal . 54 ; 11 Am . St. Rep . 235. ) return of the remittitur the pleadings were amended several times ; and the action was ...
Page 34
... favor of any but the vendor . " If it is a simple equity or privilege , purely personal , something not dependent for life upon any agreement of the parties , a consideration is unnecessary to support a waiver of it . Under any view of ...
... favor of any but the vendor . " If it is a simple equity or privilege , purely personal , something not dependent for life upon any agreement of the parties , a consideration is unnecessary to support a waiver of it . Under any view of ...
Page 38
... favor of the defendant , Narcisso , upon his cross - complaint therefor , quieting his title to the land , as against the plaintiff . The court did not make any finding upon the issue of the defend- ant's refusal to accept the three ...
... favor of the defendant , Narcisso , upon his cross - complaint therefor , quieting his title to the land , as against the plaintiff . The court did not make any finding upon the issue of the defend- ant's refusal to accept the three ...
Page 55
... favor , though her testimony was contradicted in every essen- tial point by the defendant's evidence . ID . - EXEMPLARY DAMAGES - RAPE - CONSENT - AGGRAVATION OF INJURY . - It is im- material in such case whether the plaintiff's ...
... favor , though her testimony was contradicted in every essen- tial point by the defendant's evidence . ID . - EXEMPLARY DAMAGES - RAPE - CONSENT - AGGRAVATION OF INJURY . - It is im- material in such case whether the plaintiff's ...
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Common terms and phrases
affirmed agreement alleged amended appeal application assignment attorney authority bill of exceptions cause of action cited Civil Code Civil Procedure claim Code of Civil complaint concurred consent constitution construction contract conveyance corporation county of San court of equity creditors damages deceased declared decree deed defendant demurrer ditch dollars easement effect entitled estoppel evidence execution executor facts filed findings fraud Fresno County GAROUTTE Glenn County granted grantor ground homestead husband injury issue judge judgment and order jury land lease lien MCFARLAND ment Mono County mortgage motion negligence objection opinion order denying owner party person plaintiff pleading possession premises prior probate proceedings purchase purpose question quiet title reason refused respondent rule San Francisco San Joaquin County statute street sufficient Superior Court term testator therein thereof tion trial trust valid verdict void wife
Popular passages
Page 684 - 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 389 - 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 the proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 267 - ... whenever any property is conveyed to a married woman by an instrument in writing, the presumption is that the title is thereby vested in her as her separate property.
Page 553 - 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 129 - Every person who attempts to commit any crime, but fails, or is prevented or intercepted in the perpetration thereof, is punishable, where no provision is made by law for the punishment of such attempts, as follows: 1.
Page 518 - ... he has not, directly or indirectly, made any agreement or contract, in any way or manner, with any person or persons whatsoever, by which the title which he might acquire from the government of the United States should inure, in whole or in part, to the benefit of any person except himself...
Page 218 - A conviction cannot be had on the testimony of an accomplice, unless he is corroborated by other evidence which in itself, and without the aid of the testimony of the accomplice, tends to connect the defendant with the commission of the offense, and the corroboration is not sufficient if it merely shows the commission of the offense, or the circumstances thereof.
Page v - The order may be made before or after judgment pronounced by a department ; but where a cause has been allotted to one of the departments, and a judgment pronounced thereon, the order must be made within thirty days after such judgment, and concurred in by two Associate Justices, and if so made it shall have the effect to vacate and set aside the judgment.
Page 214 - The proximate cause is the efficient cause, — the one that necessarily sets the other causes in operation. The causes that are merely incidental, or instruments of a superior or controlling agency, are not the proximate causes and the responsible ones, though they may be nearer in time to the result. It is only when the causes are independent of each other that the nearest is, of course, to be charged with the disaster.
Page 498 - When jurisdiction is, by the constitution or this code, or by any other statute, conferred on a court or judicial officer, all the means necessary to carry it into effect are also given ; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this code.