Digest of the Reports of the Supreme Court of California: Volumes One to One Hundred Inclusive. With References in Connection with the Text to the Cases Cited in California and the Pacific Coast States, and a Table of Cases Reported, Showing where They are Digested in These Volumes, Volume 1Bancroft-Whitney, 1895 - Law reports, digests, etc |
Common terms and phrases
9 Cal adverse possession affidavit affirmed agent alleged amendment amount appellate court assignment assumpsit attachment attorney authority averment bank bill of exceptions bond certificate Cited 63 Cal Cited 95 Civil Procedure claim clerk Code of Civil complaint contract creditors criminal damages debt debtor decree deed defendant demurrer discharge dismissed entitled error evidence execution fact failure favor filed findings fraud ground Held Idaho indorser insolvent issue judge judgment-roll jurisdiction jury land liability lien maker mandamus ment Mont mortgage motion nonsuit notice of appeal objection order denying order granting owner party payee payment pending person petition plaintiff pleadings presumption principal proceedings promissory note purchaser quiet title record recover remittitur rendered reversed reviewed sheriff statement statute of limitations sufficient suit superior court supreme court sureties taken thereof tion transcript trial court verdict writ writ of assistance
Popular passages
Page 257 - This is an appeal on the judgment roll from a judgment for the plaintiff in an action to recover damages for the breach of a contract to render architectural services in connection with the construction of an addition to a hospital.
Page 252 - The bill of exceptions does not purport to contain all the evidence submitted at the trial.
Page 182 - An action is deemed to be pending from the time of its commencement until its final determination upon appeal, or until the time for appeal has passed, unless the judgment is sooner satisfied.
Page 215 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
Page 120 - ... that the appellant will pay all damages and costs which may be awarded against him on the appeal, or on a dismissal thereof...
Page 290 - A final judgment or decree in any suit, in the highest court of law or equity of a State in which a decision in the suit could be had...
Page 188 - ... and that if the judgment be affirmed, he will pay the value of the use and occupation of the property from the time of the appeal until the delivery of possession thereof, pursuant to the judgment...
Page 143 - ... on the ground that the notice of intention to move for a new trial was not...
Page 28 - A verdict was rendered In favor of the defendant. The plaintiff moved for a new trial, which was granted.
Page 264 - It is a maxim, not to be disregarded, that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit, when the very point is presented for decision.