Reports of Cases Determined in the District Courts of Appeal of the State of California, Volume 81Bancroft-Whitney Company, 1928 - Law reports, digests, etc |
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Common terms and phrases
accident action affirmed agreement alleged appellant's application Attorney-General authority automobile Bleakmore Canadian Bank cause charged cited Civil Procedure claim Code of Civil commission committed complaint concurred constitution contends contract contributory negligence copra corporation corpus delicti counsel crime criminal damages defendant defendant's demurrer district attorney Ed Stewart effect entitled error evidence facts fendant filed finding guilty Habeas Corpus injury instruction issue Judge judgment jurisdiction jury Los Angeles County mandamus matter ment mortgage motion municipal courts negligence nonsuit offense opinion order denying owner parties payment Penal Code person petitioner plaintiff pleadings possession proceeding prosecution provisions purchase question reason received refused Respondent robbery rule Santa Monica Boulevard statement statute sufficient Superior Court supra supreme court sustained testified testimony thereof Tilden tion trial court U. S. Webb verdict witness writ
Popular passages
Page 892 - In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were nonnegotiable. But a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the latter.
Page 67 - 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 defendant, that the accident arose from want of care.
Page 623 - A conviction cannot be had upon the testimony of an accomplice unless it be corroborated by such other evidence as shall tend 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 184 - A verbal gift is not valid, unless the means of obtaining possession and control of the thing are given, nor, if it is capable of delivery, unless there is an actual or symbolical delivery of the thing to the donee.
Page 67 - When a thing which causes injury is shown to be under the management of the defendant, 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 defendant, that the accident arose from a want of care.
Page 11 - The Legislature shall determine the number of Justices of the Peace to be elected in townships, incorporated cities and towns, or cities and counties, and shall fix by law the powers, duties, and responsibilities of Justices of the Peace...
Page 4 - SECTION 1. The judicial power of the State shall be vested in the Senate, sitting as a court of impeachment, in a Supreme Court, District Courts of Appeal, Superior Courts, Justices of the Peace, and such inferior courts as the Legislature may establish in any incorporated city or town, or city and county.
Page 540 - ... 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 740 - Costs are allowed of course to the plaintiff, upon a judgment in his favor, in the following cases: 1. In an action for the recovery of real property; 2. In an action to recover the possession of personal property, where the value of the property amounts to three hundred dollars or over...
Page 96 - ... to the satisfaction of the jury, by a preponderance of the evidence; and a reasonable doubt of the defendant's sanity, raised by all the evidence, does not authorize an acquittal.