Reports of Cases Determined in the Courts of Appeal of the State of California, Volume 12Bancroft-Whitney, 1910 - Law reports, digests, etc |
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Common terms and phrases
accord and satisfaction affidavit affirmed agreement alleged answer appellant application attorney averment bank bill of exceptions cause of action charged Civil Code Civil Procedure claim Code of Civil Company complaint constitute construction contract contributory negligence corporation corpus delicti creditors damages deceased declared deed defendant defendant's demurrer deposit district effect entitled estoppel evidence executed facts fendant filed finding fraud garnishee granted held issue Judge judgment jurisdiction jury land Lassen county lease marriage ment mortgage motion negligence notice offense opinion order denying ordinance owner paid parties payment person petition petitioner plaintiff pleading possession proceedings purchase purpose question quiet title record recover Respondent rule Santa Cruz county statute street sufficient Superior Court supreme court sustained testified testimony therein thereof thereto tion trial court trust verdict wife witness writ
Popular passages
Page 225 - An action is an ordinary proceeding in a court of justice by which one party prosecutes another for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense.
Page 482 - Again, all the authorities agree that in order to vitiate a contract or combination it is not essential that its result should be a complete monopoly ; it is sufficient if it really tends to that end and to deprive the public of the advantages which flow from free competition.
Page 618 - The cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
Page 227 - A corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occurs...
Page 81 - 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 694 - State, and that the payment of the same has not been secured by any mortgage or lien upon real or personal property, or any pledge of personal property, or.
Page 16 - ... not in the due and lawful execution of his trust, or secretes it with a fraudulent intent to appropriate it to such use or purpose, and any contractor who appropriates money paid to him for any use or purpose, other than for that which he received it, is guilty of embezzlement...
Page 616 - ... among the acknowledged debts of the estate, to be paid in due course of administration.
Page 180 - Defendant made a motion for a new trial, which was denied, and this appeal is from the judgment and the order denying the motion.
Page 517 - Actions for the following causes, must be tried in the county in which the subject of the action or some part thereof is situated, subject to the power of the court to change the place of trial, as provided in section 620 : 1.