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 100
Page 4
... issue of fact which the court determined against them . It thus appears from beginning to end that no element of jurisdiction is lacking , and therefore petitioners are mis- taken in their remedy , if they are entitled to any . Their ...
... issue of fact which the court determined against them . It thus appears from beginning to end that no element of jurisdiction is lacking , and therefore petitioners are mis- taken in their remedy , if they are entitled to any . Their ...
Page 28
... issue its extraordinary writ when it would be idle and ineffective to accomplish the purpose stated on its face , even though it would enable one of the parties to gain some advantage in moving to tax costs . The second matter is , that ...
... issue its extraordinary writ when it would be idle and ineffective to accomplish the purpose stated on its face , even though it would enable one of the parties to gain some advantage in moving to tax costs . The second matter is , that ...
Page 33
... ISSUE - DECISION AGAINST LAW.— The failure to find upon a material issue is a " decision against law , " which is ground for a new trial , that the court may make a proper finding thereon . ID . - IMPROPER SPECIFICATIONS OF ...
... ISSUE - DECISION AGAINST LAW.— The failure to find upon a material issue is a " decision against law , " which is ground for a new trial , that the court may make a proper finding thereon . ID . - IMPROPER SPECIFICATIONS OF ...
Page 38
... issue of the appropriation or conversion of the original note by Graves , as this is a mixed question of law and fact ; so , also , in order that the court may determine whether or not the principal sum should bear interest , it is ...
... issue of the appropriation or conversion of the original note by Graves , as this is a mixed question of law and fact ; so , also , in order that the court may determine whether or not the principal sum should bear interest , it is ...
Page 40
... issue . The omitted fact being essential to the judgment , a new trial for the purpose of determining the issue is the appropriate remedy , and the re- fusal to grant it is reviewable on appeal from the order . " This is not a case in ...
... issue . The omitted fact being essential to the judgment , a new trial for the purpose of determining the issue is the appropriate remedy , and the re- fusal to grant it is reviewable on appeal from the order . " This is not a case in ...
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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...