California Appellate Decisions, Volumen3Recorder Print. and Publishing Company, 1906 |
Dentro del libro
Resultados 1-5 de 100
Página 19
... reason given by the trial court . It will be needless to discuss any other points raised in the briefs for the reason that they may not arise upon a new trial of the case . The order appealed from is affirmed . We concur : ALLEN , J ...
... reason given by the trial court . It will be needless to discuss any other points raised in the briefs for the reason that they may not arise upon a new trial of the case . The order appealed from is affirmed . We concur : ALLEN , J ...
Página 21
... reason to believe that Schweppe was not in truth or in fact the real purchaser of the land , but knew that the real purchaser was some person living " at or near Dunkirk , the residence of Hinman " ; and that Hinman was known to them as ...
... reason to believe that Schweppe was not in truth or in fact the real purchaser of the land , but knew that the real purchaser was some person living " at or near Dunkirk , the residence of Hinman " ; and that Hinman was known to them as ...
Página 22
... reason of the insufficiency of the evidence to sustain the special findings , it was insufficient also to sustain the general verdict ; and the question is whether , on the record before us , these rulings of the court can be sustained ...
... reason of the insufficiency of the evidence to sustain the special findings , it was insufficient also to sustain the general verdict ; and the question is whether , on the record before us , these rulings of the court can be sustained ...
Página 28
... reason for holding that these particu- lar errors of law cannot be as readily and adequately dealt with on appeal as other errors committed during the course of the hearing . The court having jurisdiction to make the rulings , the fact ...
... reason for holding that these particu- lar errors of law cannot be as readily and adequately dealt with on appeal as other errors committed during the course of the hearing . The court having jurisdiction to make the rulings , the fact ...
Página 29
... reason that if the judgment should be reversed , and the contention of the appellant that the mortgage is null and void be sustained on a new trial of the case , the Benedicts might be left personally liable on the note , with nothing ...
... reason that if the judgment should be reversed , and the contention of the appellant that the mortgage is null and void be sustained on a new trial of the case , the Benedicts might be left personally liable on the note , with nothing ...
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Términos y frases comunes
affidavit affirmed agreed agreement alimony alleged amount answer averment Boyes Calaveras river cause of action charge Civil Procedure claim Code of Civil Company complaint concur contract court found court of equity cross-complaint damages decree deed Defendant and Appellant defendant's demurrer district attorney ditch dollars entitled error evidence executed fact fendant filed findings foreclosure ground guardian held instruction interest issue Judge judgment and order jurisdiction jury land lease lien ment month mortgage motion nonsuit notice November 23 objection order denying owner P. J. Civil paid parties payment person Plaintiff and Respondent pleadings possession premises probative facts provisions purchase question quiet title reason record recover Redding township rendered rule Second Appellate District statute street sufficient Superior Court sustained testator testified testimony therein thereof Third Appellate District tion trust verdict warranted Witcher witness
Pasajes populares
Página 159 - The defendant may demur to the complaint within the time required in the summons to answer, when it appears upon the face thereof, either : 1. That the court has no jurisdiction of the person of the defendant or the subject of the action; or, 2.
Página 219 - No officer or employe in the classified civil service of any city who shall have been appointed under said rules and after said examination, shall be removed or discharged except for cause, upon written charges and after an opportunity to be heard in his own defense.
Página 333 - Every person who attempts to commit any crime, but fails, or is prevented or intercepted in the perpetration thereof, is punishable, where no provision is made by law for the punishment of such attempts, as follows: 1.
Página 180 - ... not in the due and lawful execution of his trust, or secretes it with a fraudulent intent to appropriate it to such use or purpose, and any contractor who appropriates money paid to him for any use or purpose, other than for that which he received it, is guilty of embezzlement...
Página 232 - Every interest created in favor of several persons in their own right is an interest in common, unless acquired by them in partnership, for partnership purposes, or unless declared in its creation to be a joint interest, as provided in section six hundred and eightythree, or unless acquired as community property.
Página 383 - 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 the negligence causing the injury was committed in the performance of a duty the employer owes by law to the employee, or unless the employer has neglected to use ordinary care in the selection of the culpable employee...
Página 174 - One who sells or agrees to sell an article of his own manufacture thereby warrants it to be free from any latent defect, not disclosed to the buyer, arising from the process of manufacture, and also that neither he nor his agent in such manufacture has knowingly used improper materials therein.
Página 129 - ... or any banking or percentage game played with cards, dice, or any device, for money, checks, credit, or other representative of value, and every person who plays or bets at or against any of said prohibited games, is guilty of a misdemeanor, and...
Página 3 - It is the duty of the court to instruct the jury as to the law ; and it is the duty of the jury to follow the law, as it is laid down by the court.
Página 175 - Within two years. 1. An action upon a contract, obligation or liability not founded upon an instrument of writing...