Reports of Cases Determined in the Courts of Appeal of the State of California, Volume 11Bancroft-Whitney, 1910 - Law reports, digests, etc |
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Results 1-5 of 100
Page 4
... alleged in the complaint , it cannot be and really is not disputed that the superior court of Solano county is the proper tribunal under the code for the redress of plaintiff's grievance . Again , there is no question but that plaintiff ...
... alleged in the complaint , it cannot be and really is not disputed that the superior court of Solano county is the proper tribunal under the code for the redress of plaintiff's grievance . Again , there is no question but that plaintiff ...
Page 33
... alleged improper allowance by the trial court of items of credit on behalf of defendants . On the former appeal ( 4 Cal . App . 117 , [ 87 Pac . 245 ] ) , the judgment of the trial court was reversed because of the im- proper allowance ...
... alleged improper allowance by the trial court of items of credit on behalf of defendants . On the former appeal ( 4 Cal . App . 117 , [ 87 Pac . 245 ] ) , the judgment of the trial court was reversed because of the im- proper allowance ...
Page 45
... alleged errors in the rulings of the court upon questions of the admissibility of certain evidence and alleged errors in giving and refusing to give to the jury certain instructions . There appears to be no question but that two ...
... alleged errors in the rulings of the court upon questions of the admissibility of certain evidence and alleged errors in giving and refusing to give to the jury certain instructions . There appears to be no question but that two ...
Page 61
... alleged , as to which we express grave doubts , could not be litigated . As to such new matter appellant's ... allegations of appellant's answer was not involved in the issues of the action . The case of Rose v . Mesmer , 142 Cal . 322 ...
... alleged , as to which we express grave doubts , could not be litigated . As to such new matter appellant's ... allegations of appellant's answer was not involved in the issues of the action . The case of Rose v . Mesmer , 142 Cal . 322 ...
Page 69
... allegations , other than the demand for the return of the $ 2,000 , which is not denied , the court found to be true ... alleged in the answer " that at no time has the said plaintiff ever rescinded the said agreement in writing , nor ...
... allegations , other than the demand for the return of the $ 2,000 , which is not denied , the court found to be true ... alleged in the answer " that at no time has the said plaintiff ever rescinded the said agreement in writing , nor ...
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Common terms and phrases
affidavit affirmed agreement alleged amended answer attorney authority averments bill of exceptions cause of action charged circumstances city and county Civil Code Civil Procedure claim Code of Civil Company complaint concurred constitution contract corporation court of equity crime damages deceased declared deed default defendant defendant's demurrer dismiss district effect entitled evidence execution facts fendant filed finding ground guilty held homestead injury instruction issue Judge judgment and order jurisdiction jury land Los Angeles County matter ment mortgage motion negligence nonsuit offense opinion order denying ordinance owner paid party payment person petitioner plaintiff pleaded prosecution purchase question reason record refused Respondent rule statement statute Stock Food sufficient Superior Court supreme court sustained testified testimony therein thereof Third Appellate tiff tion transaction trial court trust verdict witness writ Yuba county
Popular passages
Page 576 - The rule of the common law, that penal statutes are to be strictly construed, has no application to this code. All its provisions are to be construed according to the fair import of their terms, with a view to effect its objects and to promote justice.
Page 151 - ... damages, except where otherwise expressly provided by this Code, is the amount which will compensate...
Page 220 - Utah, to say whether the facts made a case of murder in the first degree or murder in the second degree...
Page 4 - When the contempt is not committed in the immediate view and presence of the court, or of the judge at chambers, an affidavit shall be presented to the court or judge of the facts constituting the contempt, or a statement of the facts by the referees or arbitrators, or other judicial officers.
Page 361 - The General Assembly shall not pass local or special laws in any of the following enumerated cases, that is to say : Regulating the jurisdiction and duties of justices of the peace and of constables; For the punishment of crimes and misdemeanors; Regulating the practice in courts of justice...
Page 197 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 654 - That for and in consideration of the sum of one dollar cash in hand paid by the party of the second part to the party of the first part...
Page 473 - Except as provided in the last section, the jury cannot be discharged after the cause is submitted to them until they have agreed upon their verdict and rendered it in open court, unless by consent of both parties, entered upon the minutes, or unless, at the expiration of such time as the court may deem proper, it satisfactorily appears that there is no reasonable probability that the jury can agree.
Page 514 - 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 228 - ... in the county in which the defendants, or some of them, reside at the commencement of the action...