Reports of Cases Determined in the Supreme Court of the State of California, Volume 151Bancroft-Whitney, 1908 - Law reports, digests, etc |
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affidavit alleged amended amount Angeles Angellotti answer appeal appellant application attorney cause of action certificate charge Civil Procedure claim Code of Civil codicil complaint concurred constitution construction contract corporation counsel court of equity damages deceased declared decree deed defendant defendant's demurrer determine district ditch duty effect election entitled evidence execution fact favor filed findings fraud given ground held Henshaw instruction interest issue Judge judgment jurisdiction jury justice Kaweah River land legislature lien Lorigan matter McFarland ment misjoinder mortgage motion municipal negligence notice objection opinion order denying owner party payment person petitioner plaintiff Political Code possession primary election probate proceeding provision purchase purpose question quiet title reason refusing Respondent rule Side Spring Sloss statute sufficient Superior Court Susan River sustained testator testified testimony thereof tion trial court witness writ
Popular passages
Page 204 - All grants and commissions shall be in the name and by the authority of the people of the State of California, sealed with the great seal of the State, signed by the Governor, and counter-signed by the Secretary of State.
Page 506 - J., observed that in order for it to apply "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 defendants, that the accident arose from want of care.
Page 698 - When cross-demands have existed between persons under such circumstances that, if one had brought an action against the other, a counterclaim could have been set up, the two demands shall be deemed compensated, so far as they equal each other, and neither can be deprived of the benefit thereof by the assignment or death of the other.
Page 611 - But whenever the actual existence of any particular purpose, motive or intent is a necessary element to constitute a particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time, in determining the purpose, motive or intent with which he committed the act.
Page 169 - ... 3. To produce witnesses in his behalf, and to be confronted with the witnesses against him in the presence of the court, except that where the charge has been preliminarily examined before a...
Page 609 - No act committed by a person while in a state of voluntary intoxication is less criminal by reason of his having been in such condition.
Page 468 - In order to procure such certificate he must produce satisfactory testimonials of good moral character, and a diploma issued by some legally chartered medical school, the requirements of which medical school shall have been at the time of granting such diploma in no particular less than those prescribed by the Association of American Medical Colleges for that year...
Page 811 - State may be taken by deposition in an action at any time after the service of the summons or the appearance of the defendant, and in a special proceeding after a question of fact has arisen therein, in the following cases: 1.
Page 379 - ... it is not an abuse of discretion for the trial court to refuse to...
Page 579 - When an agent contracts in the name of his principal, the principal contracts, and is bound, but the agent is not. When a trustee contracts as such, unless he is bound, no one is bound, for he has no principal. The trust estate cannot promise; the contract is therefore the personal undertaking of the trustee.