Reports of Cases Determined in the Supreme Court of the State of California, Volume 123Bancroft-Whitney, 1899 - Law reports, digests, etc |
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Common terms and phrases
action administrator administratrix affirmed agreement alimony alleged amount answer appeal appellant assignee attorney averment Bank cause cause of action charge City and County Civil Code Civil Procedure claim Code of Civil complaint concurred contended contract conveyance corporation corpus delicti County of San creditors deceased declared decree deed default defendant defendant's deficiency judgment demurrer entitled estoppel evidence execution executor facts fendant finding foreclosure fund Garoutte ground held hundred dollars insolvent instruction intent interest Judge judgment and order jurisdiction jury land liability lien ment mortgage motion negligence opinion order denying Oregon Pacific Railroad paid parties payment person plaintiff pleading possession proceedings promissory note prosecution purchase question reason receiver refused remittitur rendered Respondent San Francisco statute street sufficient Superior Court taxes thereof thousand dollars tion trial vendee vendor witness
Popular passages
Page 788 - In the case of an assignment of a thing in action, the action by the assignee is without prejudice to any set-off, or other defense existing at the time of, or before, notice of the assignment...
Page 313 - Plaintiffs appeal from the judgment and from an order denying their motion for a new trial. The pleadings, evidence, and the conduct of the trial leave the case in an unfinished and confused condition.
Page 166 - Every person who has actual notice of circumstances sufficient to put a prudent man upon inquiry as to a particular fact, has constructive notice of the fact itself in all cases in which, by prosecuting such inquiry, he might have learned such fact.
Page 401 - All moneys, benefits, privileges, or immunities accruing or in any manner growing out of any life insurance, if the annual premiums paid do not exceed five hundred dollars, and if they exceed that sum a like exemption shall exist which shall bear the same proportion to the moneys, benefits, privileges, and immunities so accruing or growing out of such insurance that said five...
Page vi - Justice may sit in either department, and shall preside when so sitting, but the Justices assigned to 'each department shall select one of their number as presiding Justice. In case of the absence of the Chief Justice from the place at which the Court is held, or his inability to act, the Associate Justices shall select one of their own number to perform the duties and exercise the powers of the Chief Justice during such absence or inability to act.
Page 183 - 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...
Page 100 - A contract must receive such an interpretation as will make it lawful, operative, definite, reasonable, and capable of being carried into effect, if it can be done without violating the intention of the parties.
Page 5 - ... caused by the breach of an agreement to convey an estate in real property is deemed to be the price paid, and the expenses properly incurred in examining the title and preparing the necessary papers, with interest thereon; but adding thereto, in case of bad faith, the difference between the price agreed to be paid and the value of the estate agreed to be conveyed at the time of the breach, and the expenses properly incurred in preparing to enter upon the land": Civ.
Page vi - In the determination of causes, all decisions of the court in Bank or in departments shall be given in writing, and the grounds of the decision shall be stated.
Page 110 - Corporations may be formed under the general laws of this State to carry on the business of mutual insurance upon the assessment plan, and shall be subject only to the provisions of this Act.