California Appellate Decisions, Volume 11

Front Cover
Recorder Print. and Publishing Company, 1910 - Law reports, digests, etc
 

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Page 98 - In an action for libel or slander, it shall not be necessary to state in the complaint, any extrinsic facts, for the purpose of showing the application to the plaintiff, of the defamatory matter out of which the cause of action arose ; but it shall be sufficient to state generally, that the same was published or spoken concerning the plaintiff, and if such allegation be controverted, the plaintiff shall be bound to establish, on the trial, that it was so published or spoken.
Page 46 - ... the loss shall not become payable until sixty days after the notice, ascertainment, estimate, and satisfactory proof of the loss herein required have been received by this company, including an award by appraisers when appraisal has been required.
Page 45 - This company shall not be liable beyond the actual cash value of the property at the time any loss or damage occurs, and the loss or damage shall be ascertained or estimated according to such actual cash value, with proper deduction for depreciation however caused, and shall in no event exceed what it would then cost the insured to repair or replace the same with material of like kind and quality; said ascertainment or estimate shall be made by the insured and this com.
Page 295 - An agreement authorizing or employing an agent or broker to purchase or sell real estate for compensation or a commission; 6.
Page 343 - And he touched her hand, and the fever left her: and she arose, and ministered unto them. 16. When the even was come, they brought unto him many that were possessed with devils: and he cast out the spirits with his word, and healed all that were sick: 17. That it might be fulfilled which was spoken by Esaias the prophet, saying, Himself took our infirmities, and bare our sicknesses.
Page 539 - ... it shall be assumed that the applicant is entitled to a patent, upon the payment to the proper officer of live dollars per acre, and that no adverse claim exists; and thereafter no objection from third parties to the issuance of a patent shall be heard, except it be shown that the applicant has failed to comply with the terms of this chapter.
Page 90 - ... 3. To produce witnesses in his behalf, and to be confronted with the witnesses against him in the presence of the court, except that where the charge has been preliminarily examined before a...
Page 705 - If a receiver is appointed upon an ex parte application, the court, before making the order, must require from* the applicant an undertaking, with sufficient sureties, in an amount to be fixed by the court, to the effect that the applicant will pay to the defendant all damages he may sustain by reason of the appointment of such receiver and the entry by him upon his duties, in case the applicant...
Page 88 - Costs are allowed of course to the plaintiff, upon a judgment in his favor, in the following cases: 1.
Page 46 - Said ascertainment or estimate shall be made by the insured and this company, or, if they differ, then by appraisers, as hereinafter provided; and the amount of loss or damage having been thus determined, the sum for which this company is liable pursuant to this policy shall be payable sixty days after due notice, ascertainment, estimate, and satisfactory proof of the loss have been received by this company in accordance with the terms of this policy.

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