Reports of Cases Determined in the Supreme Court of the State of California, Том 140Bancroft-Whitney, 1904 |
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accident admissible affirmed alleged amended answer appeal appellant applied averred Bank cause of action charter-party City and County Civil Code Civil Procedure claim Code of Civil complaint concurred constitution contest contract conveyance County of San creditors cross-complaint damages deceased declared decree deed defendant defendant's demurrer district divorce dollars duty entitled Estate evidence execution facts favor fendant filed finding fraud granted husband instruction issue J.-This Judge judgment jurisdiction jury Knarston land lease lien Lorigan ment mortgage motion negligence notice objection opinion order denying owner party payment person plaintiff pleadings possession premises probate proceedings proof provisions purchaser question quiet title real property reason recover refused Respondent rule San Francisco Southern Pacific Co statute statute of limitations sufficient Superior Court sustained testator testified testimony therein thereof thereto tion trial trust valid verdict void wife witness
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Сторінка 487 - Every act shall embrace but one subject and matters properly connected therewith; which subject shall be expressed in the title. But if any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
Сторінка 469 - A child, when adopted, may take the family name of the 'person adopting. After adoption the two shall sustain towards each other the legal relation of parent and child, and have all the rights and be subject to all the duties of that relation.
Сторінка 537 - Where all the parties who unite in a promise receive some benefit from the consideration, whether past or present, their promise is presumed to be joint and several.
Сторінка 480 - The death of either party after the entry of the interlocutory judgment does not impair the power of the court to enter final judgment as hereinbefore provided; but such entry shall not validate any marriage contracted by either party before the entry of such final judgment, nor constitute any defense of any criminal prosecution made against either.
Сторінка 600 - Parties may think some matter, apparently of very little importance, essential; and if they sufficiently express an intention to make the literal fulfilment of such a thing a condition precedent, it will be one; or they may think that the performance of some matter, apparently of essential importance and prima facie a condition precedent, is not really vital, and may be compensated for in damages, and if they sufficiently expressed such an intention...
Сторінка 320 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Сторінка 342 - For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this Code, is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not.
Сторінка 187 - A thing is deemed to be incidental or appurtenant to land when it is by right used with the land for its benefit, as in the case of a way, or watercourse, or of a passage for light, air, or heat from or across the land of another.
Сторінка vi - Court when so convened. The concurrence of four Justices present at the argument shall be necessary to pronounce a judgment in bank; but if four Justices, so present, do not concur in a judgment, then all the Justices qualified to sit in the cause shall hear the argument; but to render a judgment a concurrence of four Judges shall be necessary. 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....
Сторінка 480 - The General Assembly shall not pass local or special laws in any of the following enumerated cases...