Reports of Cases Determined in the Courts of Appeal of the State of California, Volum 35Bancroft-Whitney, 1918 |
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Reports of Cases Determined in the Courts of Appeal of the State ..., Volum 33 Uten tilgangsbegrensning - 1917 |
Reports of Cases Determined in the Courts of Appeal of the State ..., Volum 58 Uten tilgangsbegrensning - 1923 |
Reports of Cases Determined in the Courts of Appeal of the State ..., Volum 34 Uten tilgangsbegrensning - 1918 |
Vanlige uttrykk og setninger
affirmed agreement Aldersley alleged amount answer application assessment attorney attorney at law authority bond cause heard cause of action charge Civil Code Civil Procedure claim Code of Civil Company compensation concurred contention contract corporation counsel County court of appeal crime damages deceased deed default defendant defendant's demurrer district court duty employee entitled evidence execution facts fendant filed findings fraudulent hundred dollars Industrial Accident Commission injury instruction issue Judge judgment jury land lien McClellan ment motion offense opinion order denying owner paid party payment person petition petitioner plaintiff pleadings proceeding promissory note prosecution purchase purpose question quiet title real property reason record Respondent Second Appellate Sierra County Sonoma County statute stockholder sufficient Superior Court supreme court surety sustained testified testimony therein thereof thousand dollars tion trial court verdict witness writ
Populære avsnitt
Side 432 - Manslaughter is the unlawful killing of a human being, without malice. It is of two kinds: 1. Voluntary — upon a sudden quarrel or heat of passion. 2. Involuntary — in the commission of an unlawful act, not amounting to felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection.
Side 889 - It need not have been foreseen or expected, but after the event it must appear to have had its origin in a risk connected with the employment and to have flowed from that source as a rational consequence.
Side 268 - ... together with all and singular the tenements, hereditaments, and appurtenances, thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest.
Side 719 - That a witness false in one part of his testimony is to be distrusted in others; 4.
Side 630 - The parties to a contract may agree therein upon an amount which shall be presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage.
Side 212 - Upon a trial for murder, the commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter, or that the defendant was justifiable or excusable.
Side 625 - For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this Code, Ls the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not...
Side 12 - Wilkinson as receiver recited that he was appointed "with the usual powers of receivers in such cases upon his filing a bond with the clerk of this court and executed to the state of California in the penal sum of ten thousand dollars, conditioned for the faithful performance and discharge of his duties in the usual form.
Side 97 - Nothing can be clearer, both upon principle and authority, than the doctrine that the liability of a surety is not to be extended, by implication, beyond the terms of his contract. To the extent, and in the manner, and under the circumstances, pointed out in his obligation, he is bound, and no further.
Side 478 - ... upon such terms as may be just, relieve a, party or his legal representative from a judgment, order, or other proceeding taken against him through his mistake, inadvertence, surprise, or excusable neglect...