Reports of Cases Determined in the Courts of Appeal of the State of California, Volume 61Bancroft-Whitney, 1924 - Law reports, digests, etc |
Contents
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Common terms and phrases
action adverse possession affirmed agreed agreement alleged amended assessment attorney attorney at law Attorney-General automobile Biurrun cause charged Civil Procedure claim Code of Civil commission committed Company complaint concurred conspiracy constitution contention contract corporation County crime Criminal Law damages deed defendant defendant's denied error evidence executed facts favor fendant filed finding fraud grapes Greenwald guilty Hip Sing Tong instruction issue Judge judgment jury land lease liquor Los Angeles County matter ment motion negligence nonsuit offense opinion owner paid parties payment Penal Code person petitioner plaintiff pleading possession proceeding prosecution purchase purpose question real property reason record Respondent rule statement statute statute of frauds street sufficient Superior Court supreme court taxes testified testimony therein thereof tion trial court trust vendee vendor verdict Volstead Act witness
Popular passages
Page 778 - Private property shall not be taken or damaged for public use without just compensation having been first made to, or paid into court, for the owner...
Page 344 - willfully," when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act, or make the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire any advantage; 2. The words "neglect," "negligence," "negligent,
Page 246 - No county, city, town, township, school district or other political corporation or subdivision of the state shall be allowed to become indebted in any manner, or for any purpose, to an amount exceeding in any year the income and revenue provided for such year...
Page 20 - A voluntary acceptance of the benefit of a transaction is equivalent to a consent to all the obligations arising from it, so far as the facts are known, or ought to be known, to the person accepting.
Page 218 - And if they are so mutually connected with and dependent on each other, as conditions, considerations, or compensations for each other, as to wa-rrant the belief that the legislature intended them as a whole, and if all could not be carried into effect the legislature would not pass the residue independently, then, if some parts are unconstitutional, all the provisions which are thus dependent, conditional, or connected must fall with them.
Page 208 - If, looking at all the circumstances that attend, or which may ordinarily attend, the pursuit of a particular calling, the State thinks that certain admitted evils cannot be successfully reached unless that calling be actually prohibited, the courts cannot interfere, unless, looking through mere forms and at the substance of the matter, they can say that the statute enacted professedly to protect the public morals has no real or substantial relation to that object, but is a clear, unmistakable infringement...
Page 573 - A general verdict upon a plea of not guilty is either "guilty" or "not guilty," which imports a conviction or acquittal of the offense charged in the indictment. Upon a plea of a former conviction or acquittal of the same offense, it is either "for the people
Page 700 - For the existence of a state of mind on the part of the juror in reference to the case, or to either of the parties, which will prevent him from acting with entire impartiality and without prejudice to the substantial rights of either party, which is known in this code as actual bias.
Page 840 - A conviction cannot be had upon the testimony of an accomplice unless it be corroborated by such other evidence as shall tend to connect the defendant with the commission of the offense; and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof.
Page 643 - Each stockholder of a corporation or joint-stock association shall be individually and personally liable for such proportion of all its debts and liabilities contracted or incurred during the time he was a stockholder...