Reports of Cases Determined in the Supreme Court of the State of California, Volume 98Bancroft-Whitney, 1906 |
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Page xvii
... ground that there was a remedy by appeal ..... .... 14367 18006 15169 Burnett v . Llewlyn . Judgment reversed on the authority of Brown v . Jenks , 98 Cal . 10 ...... 19038 Clark v . Olsen . Order denying a new trial affirmed .. 18090 ...
... ground that there was a remedy by appeal ..... .... 14367 18006 15169 Burnett v . Llewlyn . Judgment reversed on the authority of Brown v . Jenks , 98 Cal . 10 ...... 19038 Clark v . Olsen . Order denying a new trial affirmed .. 18090 ...
Page 10
... ground that the court erred in striking out the defense , cannot deprive the appellant of his right to have the correctness of the ruling on the demurrer determined . ―― - STREET IMPROVEMENT BOND TO KEEP STREET IN REPAIR INVALID ...
... ground that the court erred in striking out the defense , cannot deprive the appellant of his right to have the correctness of the ruling on the demurrer determined . ―― - STREET IMPROVEMENT BOND TO KEEP STREET IN REPAIR INVALID ...
Page 43
... ground of insufficiency , and the demurrer was properly overruled . They then answered , and plaintiff had judgment , from which the defendants appeal upon the judg- ment - roll alone . It is substantially alleged , and the court finds ...
... ground of insufficiency , and the demurrer was properly overruled . They then answered , and plaintiff had judgment , from which the defendants appeal upon the judg- ment - roll alone . It is substantially alleged , and the court finds ...
Page 55
... ground . JURY TRIAL - MISCONDUCT OF ATTORNEY . - A trial court should always be alert to prevent an attorney from obtaining advantages in jury trials by the practice of methods not countenanced by the ethics of the profession . APPEAL ...
... ground . JURY TRIAL - MISCONDUCT OF ATTORNEY . - A trial court should always be alert to prevent an attorney from obtaining advantages in jury trials by the practice of methods not countenanced by the ethics of the profession . APPEAL ...
Page 67
... ground of fraud practiced by an alleged copartner defendant , to which the mining corporation was made a party defendant , the complaint alleged that al- though the title to the mine stood in the name of the corporation , the co ...
... ground of fraud practiced by an alleged copartner defendant , to which the mining corporation was made a party defendant , the complaint alleged that al- though the title to the mine stood in the name of the corporation , the co ...
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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.