Reports of Cases Determined in the Courts of Appeal of the State of California, Volume 11Bancroft-Whitney, 1910 - Law reports, digests, etc |
From inside the book
Results 1-5 of 91
Page 14
... give a deed or other contract relating to some spe- cific subject , to sign it upon being told that it is the deed or contract which had been orally agreed to . The party who so signs has not exercised the greatest degree of care ; but ...
... give a deed or other contract relating to some spe- cific subject , to sign it upon being told that it is the deed or contract which had been orally agreed to . The party who so signs has not exercised the greatest degree of care ; but ...
Page 45
... give to the jury certain instructions . There appears to be no question but that two Chinamen , each having a revolver , fired upon and shot the deceased , in- flicting wounds which produced almost instant death , but there is a sharp ...
... give to the jury certain instructions . There appears to be no question but that two Chinamen , each having a revolver , fired upon and shot the deceased , in- flicting wounds which produced almost instant death , but there is a sharp ...
Page 77
... gives some color to appel- lant's contention that the trial court intended by its instruc- tion to require the proof of a formal agreement to abrogate or abandon , yet we do not think this is the necessary con- struction of the language ...
... gives some color to appel- lant's contention that the trial court intended by its instruc- tion to require the proof of a formal agreement to abrogate or abandon , yet we do not think this is the necessary con- struction of the language ...
Page 100
... give effect to the circumstance that the fellow - servant through whose negligence the injury was received was the superior of the plaintiff , in the general service in which they were employed . If both were employed in the general ...
... give effect to the circumstance that the fellow - servant through whose negligence the injury was received was the superior of the plaintiff , in the general service in which they were employed . If both were employed in the general ...
Page 104
... give light in the well because he took a torch can it be said that it was not necessary for that purpose . This would be a matter for the jury . The evidence shows that the manhole was generally covered when the pumper came out , but ...
... give light in the well because he took a torch can it be said that it was not necessary for that purpose . This would be a matter for the jury . The evidence shows that the manhole was generally covered when the pumper came out , but ...
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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...