Reports of Cases Determined in the Supreme Court of the State of California, Том 164Bancroft-Whitney, 1913 |
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adverse possession agreement alleged amended amount Angeles Angellotti application assessment assignment authority California California Development Company cause of action chose in action Civil Code Civil Procedure claim Code of Civil Company complaint constitute contest contract corporation death debt deceased declared decree deed default defendant district court dollars effect eminent domain employee entitled evidence execution fact favor filed franchise fraud grant habeas corpus heirs held husband interest judgment jury lease lien matter ment mortgage motion navigable notice opinion order denying owner paid parties payment person plaintiff possession prior probate provisions purchase purpose question reason refusing Respondent rule rule in Shelley's statute statute of limitations stockholder sufficient Superior Court testator therein thereof tide lands tion transfer trial court trust valid vendee waiver wife
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Сторінка 353 - It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Сторінка 513 - ... unto the said party of the second part, and to his heirs and assigns forever, all that, etc.
Сторінка 572 - When the death of a person not being a minor is caused by the wrongful act or neglect of another, his heirs or personal representatives may maintain an action for damages against the person causing the death...
Сторінка 895 - The use of all water now appropriated, or that may hereafter be appropriated, for sale, rental, or distribution, is hereby declared to be a public use, and subject to the regulation and control of the State, in the manner to be prescribed by law...
Сторінка 499 - The writ of mandamus may be denominated the writ of mandate.— 1873-345. 1085. It may be issued by any court, except a justice's or police court, to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station...
Сторінка 347 - One who willfully deceives another with intent to induce him to alter his position to his injury or risk, is liable for any damage which he thereby suffers.
Сторінка 570 - An employer is not bound to indemnify his employee for losses suffered by the latter in consequence of the ordinary risks of the business in which he is employed, nor in consequence of the negligence of another person employed by the same employer in the same general business, unless he has neglected to use ordinary care in the selection of the culpable employee.
Сторінка 608 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Сторінка 362 - We do not see how a better test can be applied to the question whether reasonable or not than by considering whether the restraint is such only as to afford a fair protection to the interests of the party in favor of whom it is given, and not so large as to interfere with the interests of the public.
Сторінка 619 - An obligation for the payment of money is extinguished by a due offer of payment, if the amount is immediately deposited in the name of the creditor, with some bank of deposit within this state, of good repute, and notice thereof is given to the creditor.