Reports of Cases Determined in the Supreme Court of the State of California, Volum 138Bancroft-Whitney, 1903 |
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adverse possession affidavit affirmed alleged amendment amount appellant assessment attorney authority ballots bank bill bill of lading cause of action cited city and county Civil Procedure claim Code Civ Code of Civil complaint concurred constitution contract contributory negligence corporation County of San court of equity creditors death deceased decree deed defendant defendant's demurrer district ditch dollars Dyke enforce entitled equity evidence execution facts favor filed finding foregoing opinion Garoutte instruction Judge judgment and order jurisdiction jurors jury land lien Lorigan McFarland ment mortgage motion notice objection order denying owner paid parties payment person petition petitioner plaintiff possession present proceedings question quo warranto railroad reasons given received refused Respondent rule San Francisco Southern California Railway statute stockholders Street Superior Court thereof thereto tion Tirey L trial trust verdict void
Populære avsnitt
Side 580 - It is of three kinds: 1. Voluntary - upon a sudden quarrel or heat of passion. 2. Involuntary — in the commission of an unlawful act, not amounting to a felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection; provided that this subdivision shall not apply to acts committed in the driving of a vehicle.
Side 455 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Side 206 - SEC. 15. No person shall be imprisoned for debt in any civil action, on mesne or final process, unless in cases of fraud...
Side xxiv - ... upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect...
Side 500 - To have and to hold, all and singular the said premises, together with the appurtenances, unto the said party of the second part, her heirs and assigns forever.
Side 227 - ... to make any gift, or authorize the making of any gift, of any public money or thing of value to any individual, municipal or other corporation whatever...
Side 45 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Side 295 - ... tends to connect the defendant with the commission of the offense; and the corroboration is not sufficient, if it merely shows the commission of the offense, or the circumstances thereof.
Side 720 - The following presumptions and no others, are deemed conclusive: 1. A malicious and guilty intent, from the deliberate commission of an unlawful act, for the purpose of injuring another; 2.
Side 110 - Section 1 of article fifth of our constitution provides that "[t]he judicial power of the state shall be vested in a supreme court of errors, a superior court, and such inferior courts as the general assembly shall, from time to time, ordain and establish: the powers and jurisdiction of which courts shall be defined by law.