Reports of Cases Determined in the Courts of Appeal of the State of California, Volume 81Bancroft-Whitney, 1928 - Law reports, digests, etc |
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Common terms and phrases
accident action affirmed agreement alleged appellant's Appellate District application Attorney-General authority automobile awning Blum Canadian Bank cause charged cited Civil Procedure claim Code of Civil commission complaint concurred constitution contends contract copra corporation corpus delicti crime criminal damages defendant defendant's demurrer district attorney entitled error evidence facts fendant filed finding guilty Habeas Corpus held injury instruction issue Judge judgment jurisdiction jury Los Angeles County Lubeck mandamus matter ment mortgage motion municipal court negligence nonsuit offense opinion order denying owner parties payment Penal Code person petitioner plaintiff pleadings possession proceedings proceeds prosecution question reason received record Respondent rule Santa Monica Boulevard statement statute sufficient Superior Court supra supreme court sustained testified testimony thereof tion trial court U. S. Webb verdict witness writ Yolo County Zealand Zealand Bank
Popular passages
Page 890 - In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were nonnegotiable. But a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the latter.
Page 67 - 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 666 - the indictment must contain: (1) the title of the prosecution, specifying the name of the court, in which the indictment is presented, and the names of the parties; (2) a statement of the acts constituting the offense, in ordinary and concise language, and in such a manner as to enable a person of common understanding to know what is intended...
Page 184 - A verbal gift is not valid, unless the means of obtaining possession and control of the thing are given, nor, if it is capable of delivery, unless there is an actual or symbolical delivery of the thing to the donee.
Page 67 - 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 evidence, in the absence of explanation by the defendant, that the accident arose from a want of care.
Page 11 - The Legislature shall determine the number of Justices of the Peace to be elected in townships, incorporated cities and towns, or cities and counties, and shall fix by law the powers, duties, and responsibilities of Justices of the Peace...
Page 4 - SECTION 1. The judicial power of the State shall be vested in the Senate, sitting as a court of impeachment, in a Supreme Court, District Courts of Appeal, Superior Courts, Justices of the Peace, and such inferior courts as the Legislature may establish in any incorporated city or town, or city and county.
Page 538 - ... whenever any property is conveyed to a married woman by an instrument in writing, the presumption is that the title is thereby vested in her as her separate property.
Page 510 - When there are several charges against any person for the same act or transaction, or for two or more acts or transactions connected together, or for two or more acts or transactions of the same class of crimes or offenses, which may be properly joined...
Page 368 - ... from the time of service of the summons and of a copy of the complaint in a civil action, upon one of said trustees, or of the completion of the publication when service by publication is ordered, the court is deemed to have acquired jurisdiction of all said trustees, and to have control of all the subsequent proceedings.