Reports of Cases Determined in the District Courts of Appeal of the State of California, Volumen31Bancroft-Whitney Company, 1917 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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Página 1
... JURY - INSTRUC- TION . - An instruction that contradictory testimony is admissible only for the purpose of impeaching the credibility of a witness and that the jury might not consider it as evidence of the truth of such statements , is ...
... JURY - INSTRUC- TION . - An instruction that contradictory testimony is admissible only for the purpose of impeaching the credibility of a witness and that the jury might not consider it as evidence of the truth of such statements , is ...
Página 5
... jury . Counsel evidently had in mind the rule as to proof of statements made by a witness at other times contradicting his testimony given at the trial . If so , he was unfortunate in expressing the rule . The court instructed the jury ...
... jury . Counsel evidently had in mind the rule as to proof of statements made by a witness at other times contradicting his testimony given at the trial . If so , he was unfortunate in expressing the rule . The court instructed the jury ...
Página 89
... jury , the court nevertheless made specific findings against the defendant and in favor of the plaintiff upon all the vital matters presented by the pleadings . These findings , in view of the submission of the issues of fact to a jury ...
... jury , the court nevertheless made specific findings against the defendant and in favor of the plaintiff upon all the vital matters presented by the pleadings . These findings , in view of the submission of the issues of fact to a jury ...
Página 94
... jury . In this instance , however , there are several considerations which will justify an appellate court in taking into account , in passing upon the question whether the jury were warranted in reaching the verdict returned , the ...
... jury . In this instance , however , there are several considerations which will justify an appellate court in taking into account , in passing upon the question whether the jury were warranted in reaching the verdict returned , the ...
Página 137
... jury may arbitrarily reject the testimony of a witness . There must be a sufficient legal reason for its rejection or dis- cretion is abused . But , unless the action of a trial court or jury in repudiating testimony given before it ...
... jury may arbitrarily reject the testimony of a witness . There must be a sufficient legal reason for its rejection or dis- cretion is abused . But , unless the action of a trial court or jury in repudiating testimony given before it ...
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Términos y frases comunes
adverse possession agreement alleged amount application attorney attorney at law bank building cause of action certificate Civil Procedure claim Code of Civil commission complaint concurred constitution contract corporation county of San court of appeal damages deed defendant defendant's district court eminent domain entitled error evidence execution facts fendant filed finding furnished instruction issue Judge judgment jurisdiction jury Kern County land lease lien Los Angeles County matter ment Mono County mortgage motion negligence notice opinion order denying owner Pacific Electric Railway paid parties payment person petitioner plaintiff possession premises proceedings promissory note proof prosecution purchase purpose question railroad reason received recover refused Respondent Southern Pacific Co statement statute sufficient Superior Court supreme court testified testimony therein thereof thousand dollars tiff tion trial court verdict witness writ
Pasajes populares
Página 851 - An intervention takes place when a third person is permitted to become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendant in resisting the claims of the plaintiff, or by demanding anything...
Página 581 - This policy is made and accepted subject to the foregoing stipulations and conditions, together with such other provisions, agreements, or conditions as may be endorsed hereon or added hereto, and no officer, agent, or other representative of this company shall have power to waive any provision or condition of this policy except such as by the terms of this policy may be the subject...
Página 81 - If the judgment or order appealed from direct the sale or delivery of possession of real property, the execution of the same shall not be stayed, unless a written undertaking be executed on the part of the appellant, with two or more sureties, to the effect...
Página 523 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or, if he did know it, that he did not know he was doing what was wrong.
Página 124 - The positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true; 3.
Página 197 - ... shall be punished by imprisonment In the state prison for not less than one year and not more than five years.
Página 123 - The defendants appeal from the judgment, and from an order denying their motion for a new trial. The plaintiffs own lands through which the Santa Ana river flows.
Página 363 - Every clerk, agent, or servant of any person who fraudulently appropriates to his own use, or secretes with a fraudulent intent to appropriate to his own use, any property of another which has come into his control or care by virtue of his employment as such clerk, agent, or servant, is guilty of embezzlement.
Página 510 - The homestead of a married person cannot be conveyed or encumbered unless the instrument by which it is conveyed or encumbered is executed and acknowledged by both husband and wife.
Página 607 - The question always is: Was there an unbroken connection between the wrongful act and the injury, a continuous operation? Did the facts constitute a continuous succession of events, so linked together as to make a natural whole, or was there sottfe new and Independent cause intervening between the wrong and the injury?