Reports of Cases Determined in the Supreme Court of the State of California, Volume 138Bancroft-Whitney, 1903 - Law reports, digests, etc |
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Common terms and phrases
adverse possession affidavit affirmed alleged amendment amount appellant assessment attorney authority ballots bank bill bill of lading cause of action cited city and county Civil Procedure claim Code Civ Code of Civil complaint concurred constitution contract corporation County of San court of equity creditors death deceased decree deed defendant defendant's demurrer district ditch dollars Dyke enforce entitled equity evidence execution facts favor filed finding foregoing opinion Garoutte grade instruction Judge judgment and order jurisdiction jurors jury land lien Lorigan McFarland ment mortgage motion negligence notice objection order denying owner paid parties payment person petition petitioner plaintiff possession present Proc proceedings question quo warranto railroad received refused Respondent rule San Francisco Southern California Railway statute stockholders Street Sunol Superior Court therein thereof thereto tion Tirey L trial trust verdict writ
Popular passages
Page 626 - It is of three kinds: 1. Voluntary - upon a sudden quarrel or heat of passion. 2. Involuntary — in the commission of an unlawful act, not amounting to a felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection; provided that this subdivision shall not apply to acts committed in the driving of a vehicle.
Page 499 - 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 defendant, that the accident arose from want of care.
Page 248 - SEC. 15. No person shall be imprisoned for debt in any civil action, on mesne or final process, unless in cases of fraud, nor in civil actions for torts, except in cases of willful injury to person or property; and no person shall be imprisoned for a militia fine in time of peace.
Page 24 - ... upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect...
Page 544 - TO HAVE AND TO HOLD unto the said party of the second her Heirs and Assigns to the only proper use and behoof of the said party of the second her heirs and Assigns forever...
Page 271 - ... to make any gift, or authorize the making of any gift, of any public money or thing of value to any individual, municipal or other corporation whatever...
Page 87 - 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 337 - ... tends 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 150 - Section 1 of article fifth of our constitution provides that "[t]he judicial power of the state shall be vested in a supreme court of errors, a superior court, and such inferior courts as the general assembly shall, from time to time, ordain and establish: the powers and jurisdiction of which courts shall be defined by law.
Page 459 - The following presumptions and no others, are deemed conclusive: 1. A malicious and guilty intent, from the deliberate commission of an unlawful act, for the purpose of injuring another; 2.