Reports of Cases Determined in the District Courts of Appeal of the State of California, Volume 14Bancroft-Whitney Company, 1911 - Law reports, digests, etc Vols.106-140 includes section "Reports of cases determined in the appellate departments of the Superior court of the State of California." |
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Common terms and phrases
affidavit agent agreement alleged amended amount appellant authority averments bank cause of action charged Civil Code Civil Procedure claim Code of Civil complaint concurred contract corporation court of appeal court of equity crime damages deceased deed defendant defendant's demurrer dence district attorney district court dredger electricity entitled error estoppel evidence fact fendant filed finding fraud ground held indorsed injury instruction issue judge judgment jurisdiction juror jury Krogh land lease lien marriage ment mortgage motion negligence notice objection offense opinion order denying owner parties payment person petition plaintiff pleadings prior proof prosecution purchase purpose question quiet title reason record refused Respondent rule statement statute statute of frauds sufficient Superior Court supreme court surety testified testimony therein thereof tion trial court verdict witness Womble
Popular passages
Page 699 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 3 - In an action for libel or slander, it shall not be necessary to state in the complaint, any extrinsic facts, for the purpose of showing the application to the plaintiff, of the defamatory matter out of which the cause of action arose ; but it shall be sufficient to state generally, that the same was published or spoken concerning the plaintiff, and if such allegation be controverted, the plaintiff shall be bound to establish, on the trial, that it was so published or spoken.
Page 489 - A husband and wife cannot, by any contract with each other, alter their legal relations, except as to property, and except that they may agree, in writing, to an immediate Separation, and may make provision for the support of either of them and of their children during such separation.
Page 561 - Such deed duly acknowledged or proved is (except as against actual fraud) conclusive evidence of the regularity of all the proceedings from the assessment by the assessor, inclusive, up to the execution of the deed.
Page 195 - A common carrier cannot be exonerated, by any agreement made in anticipation thereof, from liability for the gross negligence, fraud, or willful wrong of himself or his servants.
Page 62 - All records of mining claims hereafter made shall contain the name or names of the locators, the date of the location, and such a description of the claim or claims located by reference to some natural object or permanent monument as will identify the claim.
Page 202 - A statement of the acts constituting the offense, in ordinary and concise language, and in such manner as to enable a person of common understanding to know what is intended.
Page 530 - ... the real property of the judgment debtor, not exempt from execution, in such county, owned by him at the time, or which he may afterwards and before the lien expires, acquire. Such lien continues for five years...
Page 744 - Braddock demurred to the complaint upon the ground that It failed to state a cause of action against him.
Page 587 - After hearing the appeal, the court must give judgment without regard to technical errors or defects, or to exceptions, which do not affect the substantial rights of the parties.