Reports of Cases Determined in the District Courts of Appeal of the State of California, Том 58Bancroft-Whitney Company, 1923 Vols.106-140 includes section "Reports of cases determined in the appellate departments of the Superior court of the State of California." |
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Сторінка 15
... plaintiff and said Hattie McIntire , " by the terms and conditions whereof this plaintiff promised and agreed to and with the said Hattie McIntire that he would render to the said Hattie McIntire from that time during the remainder of ...
... plaintiff and said Hattie McIntire , " by the terms and conditions whereof this plaintiff promised and agreed to and with the said Hattie McIntire that he would render to the said Hattie McIntire from that time during the remainder of ...
Сторінка 16
California. District Courts of Appeal. contract so made between plaintiff and deceased . It is further alleged that plaintiff , in reliance upon the terms of said agreement and promise so made by Hattie McIn- tire , neglected to keep any ...
California. District Courts of Appeal. contract so made between plaintiff and deceased . It is further alleged that plaintiff , in reliance upon the terms of said agreement and promise so made by Hattie McIn- tire , neglected to keep any ...
Сторінка 17
... plaintiff himself seems to have had it in his mind that the services had a particular and definite money value , for he testified , without apparent hesitation and without qualification , so far as the record shows , that in his opinion ...
... plaintiff himself seems to have had it in his mind that the services had a particular and definite money value , for he testified , without apparent hesitation and without qualification , so far as the record shows , that in his opinion ...
Сторінка 18
... plaintiff's right to specific performance of the contract must be based upon the fact that the services called for by the same were , by rea- son of their peculiar and unusual character , not sus- ceptible of pecuniary measurement , for ...
... plaintiff's right to specific performance of the contract must be based upon the fact that the services called for by the same were , by rea- son of their peculiar and unusual character , not sus- ceptible of pecuniary measurement , for ...
Сторінка 43
... plaintiff was an indorsee for value in good faith before maturity , but it was urged in defense that there was a breach of warranty of a tractor for which the notes were given and that this defense could be maintained against plaintiff ...
... plaintiff was an indorsee for value in good faith before maturity , but it was urged in defense that there was a breach of warranty of a tractor for which the notes were given and that this defense could be maintained against plaintiff ...
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Загальні терміни та фрази
action affirmed agreement alleged amendment Appellate District attorney authority automobile bill of exceptions board of supervisors cause heard charged Cheda circumstances Civil Procedure claim Code of Civil Company complaint constitute contention contract contributory negligence corporation County court of appeal criminal cross-complaint damages deceased deed defendant defendant's district attorney district court dollars evidence execution facts fendant filed finding instruction Judge judgment jurisdiction juror jury land last clear chance lease liquor Mendocino County ment mortgage motion opinion owner Pacific Electric Railway party payment person petition petitioner plaintiff possession premises pro tem proceeding promissory note prosecution purchase question reason record refused Respondent school district statute sufficient Superior Court supreme court testified testimony therein thereof tion trial court trust vendees verdict wharf wife witness writ writ of mandate
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Сторінка 48 - Authorizes the sale of collateral securities in case the instrument be not paid at maturity; or 2. Authorizes a confession of judgment if the instrument be not paid at maturity ; or 3. Waives the benefit of any law intended for the advantage or protection of the obligor ; or 4. Gives the holder an election to require something to be done in lieu of payment of money.
Сторінка 498 - No county, city, town, township, board of education, or school district, shall incur any indebtedness or liability in any manner or for any purpose exceeding in any year the income and revenue provided for such year, without the assent of two-thirds of the qualified electors thereof, voting at an election to be held for that purpose...
Сторінка 344 - ... at the expiration of the said term, or other determination of this lease, the said party of the second part will quit and surrender the premises hereby demised in as good state and condition as reasonable use and wear thereof will permit, damages by the elements excepted...
Сторінка 634 - An indictment, information, or complaint may charge two or more different offenses connected together in their commission, or different statements of the same offense or two or more different offenses of the same class of .crimes or offenses under separate counts...
Сторінка 289 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this Code. The Code establishes the law of this State respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
Сторінка 126 - ... 10. The opinion of a subscribing witness to a writing, the validity of which is in dispute, respecting the mental sanity of the signer; and the opinion of an intimate acquaintance respecting the mental sanity of a person, the reason for the opinion being given; 11.
Сторінка 586 - Where the variance Is not material, as provided in the last section, the Court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs.
Сторінка 387 - If the transcript of the record or appellant's points and authorities be not filed within the time prescribed, the appeal may be dismissed on motion, upon notice given. If the transcript, or the points and authorities, though not filed within the time prescribed, be on file at the time such notice is given, that fact shall be sufficient answer to the motion.
Сторінка 820 - In every crime or public offense there must exist a union, or joint operation of act and intent, or criminal negligence.
Сторінка 303 - The intention of the party making the annexation, to make the article a permanent accession to the freehold — this intention being inferred from the nature of the article affixed, the relation and situation of the party making the annexation, the structure and mode of annexation, and the purpose or use for which the annexation has been made.