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 22
... tion to which we have already referred in relation to " all reasonable and proper expenses " of the liquidation cannot be construed as claimed by appellants . The parties themselves by their contract having established a rule of ...
... tion to which we have already referred in relation to " all reasonable and proper expenses " of the liquidation cannot be construed as claimed by appellants . The parties themselves by their contract having established a rule of ...
Page 31
... tion is , by the appeal , restored to the same position it occupied before the trial as to all matters leading to the judgment , and the superior court tries the case as if there had been no trial in the justice's court . The attachment ...
... tion is , by the appeal , restored to the same position it occupied before the trial as to all matters leading to the judgment , and the superior court tries the case as if there had been no trial in the justice's court . The attachment ...
Page 39
... tion of the conversion of the principal sum . ( Estate of Cousins , 111 Cal . 441 , [ 44 Pac . 182 ] ; Matter of Bane , 120 Cal . 536 , [ 65 Am . St. Rep . 197 , 52 Pac . 853 ] . ) Respondents object to the consideration of this ...
... tion of the conversion of the principal sum . ( Estate of Cousins , 111 Cal . 441 , [ 44 Pac . 182 ] ; Matter of Bane , 120 Cal . 536 , [ 65 Am . St. Rep . 197 , 52 Pac . 853 ] . ) Respondents object to the consideration of this ...
Page 40
... tion for a new trial , and though it receives but little atten- tion in the brief , we think it proper for us to consider it . There is also the further distinction between the Dalto - Kaiser case and that before us , the finding there ...
... tion for a new trial , and though it receives but little atten- tion in the brief , we think it proper for us to consider it . There is also the further distinction between the Dalto - Kaiser case and that before us , the finding there ...
Page 57
... tion of any crime . " The argument is that by the use of the words " if established , " the court in effect told the jury that it rested with the defendant to prove that contention by a preponderance of the evidence . We do not think ...
... tion of any crime . " The argument is that by the use of the words " if established , " the court in effect told the jury that it rested with the defendant to prove that contention by a preponderance of the evidence . We do not think ...
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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...