Reports of Cases Determined in the District Courts of Appeal of the State of California, Volume 11Bancroft-Whitney Company, 1910 - Law reports, digests, etc |
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Results 1-5 of 100
Page 1
... COMPLAINT AND PROOF . - The jurisdiction of the court to grant an injunction pendente lite does not depend upon the sufficiency of the complaint or the proofs made to sustain the writ . If it com- mitted error in granting the writ upon ...
... COMPLAINT AND PROOF . - The jurisdiction of the court to grant an injunction pendente lite does not depend upon the sufficiency of the complaint or the proofs made to sustain the writ . If it com- mitted error in granting the writ upon ...
Page 4
... complaint , it cannot be and really is not disputed that the superior court of Solano county is the proper tribunal under the code for the redress of plaintiff's grievance . Again , there is no question but that plaintiff complied with ...
... complaint , it cannot be and really is not disputed that the superior court of Solano county is the proper tribunal under the code for the redress of plaintiff's grievance . Again , there is no question but that plaintiff complied with ...
Page 5
... complaint states a cause of action or not was for the court of original jurisdiction to determine , and it was within the province of such court to allow the pleading to be amended . If the court below should hold a complaint suf ...
... complaint states a cause of action or not was for the court of original jurisdiction to determine , and it was within the province of such court to allow the pleading to be amended . If the court below should hold a complaint suf ...
Page 74
... complaint to recover a balance for goods sold by plaintiff and his assignors , at defendant's request for an agreed ... complaint , but the court sustained an objection thereto , as varying the written contracts alleged in the answer ...
... complaint to recover a balance for goods sold by plaintiff and his assignors , at defendant's request for an agreed ... complaint , but the court sustained an objection thereto , as varying the written contracts alleged in the answer ...
Page 77
... complaint , however , as amended by order of the court , the allegation that a new obligation has been substituted for the old finds support in the evidence . The new oral obligation created by the abso- lute sale of the cabbage to the ...
... complaint , however , as amended by order of the court , the allegation that a new obligation has been substituted for the old finds support in the evidence . The new oral obligation created by the abso- lute sale of the cabbage to the ...
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Common terms and phrases
affidavit affirmed agreement alleged amended answer attorney authority averments bill of exceptions cause of action charged circumstances Civil Code Civil Procedure claim Code of Civil Company complaint concurred constitution contract corporation crime damages deceased declared deed default defendant defendant's demurrer dismiss district district attorney effect entitled evidence execution facts fendant filed finding ground held homestead instruction issue Judge judgment and order jurisdiction jury land larceny Lassen County legislature Los Angeles County matter ment mortgage motion nonsuit oakum offense opinion order denying ordinance owner paid party payment person petitioner plaintiff pleaded prosecution purchase question reason record refused Respondent rule Shasta County statement statute Stock Food sufficient Superior Court supreme court sustained testified testimony therein thereof Third Appellate tiff tion trial court trust verdict witness writ
Popular passages
Page 4 - When the contempt is not committed in the immediate view and presence of the court, or of the judge at chambers, an affidavit shall be presented to the court or judge of the facts constituting the contempt, or a statement of the facts by the referees or arbitrators, or other judicial officers.
Page 363 - The General Assembly shall not pass local or special laws in any of the following enumerated cases, that is to say : Regulating the jurisdiction and duties of justices of the peace and of constables; For the punishment of crimes and misdemeanors; Regulating the practice in courts of justice...
Page 197 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 516 - Any county, city, town, or township may make and enforce within its limits all such local, police, sanitary, and other regulations as are not in conflict with general laws.
Page 656 - That for and in consideration of the sum of one dollar cash in hand paid by the party of the second part to the party of the first part...
Page 230 - ... in the county in which the defendants, or some of them, reside at the commencement of the action...
Page 60 - It is only necessary that the act of killing be preceded by a concurrence of will, deliberation, and premeditation on the part of the slayer ; and, if...
Page 489 - Consent is deemed to be fully communicated between the parties as soon as the party accepting a proposal has put his acceptance in the course of transmission to the proposer, in conformity to the last section.
Page 771 - Partnership is the association of two or more persons, for the purpose of carrying on business together, and dividing its profits between them.
Page 762 - 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.