Reports of Cases Determined in the Courts of Appeal of the State of California, Volume 39Bancroft-Whitney, 1920 - Law reports, digests, etc |
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Common terms and phrases
accident adverse possession affidavit affirmed agreement alleged amended amount answer application attorney automobile bank cause of action Civil Code Civil Procedure claim Code of Civil Company complaint concurred contention contract contributory negligence conveyed corporation court of appeal deceased deed defendant defendant's demurrer district court Division One.-December employer evidence execution facts favor fendant filed finding granted ground Hassen Ali hundred dollars injuries insured issues Judge judgment jury land Los Angeles County ment mortgage motion negligence nonsuit notice opinion order denying owner paid parties payment person petition petitioner plaintiff pleadings possession proceedings promissory note purchase question quiet title reason record recover refused Respondent rule San Francisco Second Appellate District statute street sufficient Superior Court supreme court sustained testified testimony thereof thousand dollars tiff tion trial court verdict warrant witness writ
Popular passages
Page 386 - ... effected directly and independently of all other causes through external, violent and accidental means.
Page 188 - 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 227 - To make any dividend, except from the surplus profits arising from the business of the corporation, and in the cases and manner allowed by law; or, 2. To divide, withdraw, or in any manner...
Page 92 - Parties in justices' courts may appear and act in person or by attorney; and any person, except the constable by whom the summons or jury process was served, may act as attorney.
Page 628 - No acknowledgment or promise is sufficient evidence of a new or continuing contract, by which to take the case out of the operation of this title, unless the same is contained in some writing, signed by the party to be charged thereby.
Page 635 - If, however, it appears from the examination that a public offense has been committed, and there is sufficient cause to believe the defendant guilty thereof...
Page 191 - When a thing which causes injury is shown to be under the management of the defendant, 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 1 48 Am. St. Rep. 146. evidence, in the absence of explanation, by the defendant, that the accident arose from a want of care.
Page 328 - To sue and be sued in all courts and places and in all actions and proceedings whatever...
Page 61 - All persons having an Interest In the subject of the action and In obtaining the relief demanded...
Page 435 - If no such objection be taken, either by demurrer or answer, the defendant shall be deemed to have waived the same, excepting only the objection to the jurisdiction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action.