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California Unreported Cases: Being Those Determined in the Supreme Court and ...
California. Supreme Court
Uten tilgangsbegrensning - 1913
action adverse possession affirmed agreed agreement alleged amend amount answer APPEAL from Superior appellant assessment attorney charge cited Civil Code Civil Procedure claim Code of Civil complaint concur contract corporation County of San court found creditors CURIAM.—For the reasons damages deceased decree deed defendant appeals defendant's demurrer dismissed entitled error evidence executed fact favor fendant filed finding foreclosure foregoing opinion Haynes held instruction interest issue Judge judgment and order jury jury fee land lease liable lien ment mortgage motion objection opinion the judgment order appealed order denying owner paid parties payment plain plaintiff possession premises purchase question quiet title raisins reasons given recover refused respondent reversed San Francisco San Joaquin County Sonoma Valley statute stockholders sufficient suit Superior Court testified testimony thereof tiff tion trust verdict witness
Side 95 - ... if the interest of the insured be other than unconditional and sole ownership; or if the subject of insurance be a building on ground not owned by the insured in fee simple...
Side 935 - ... naturally there, harmless to others so long as it is confined to his own property, but which he knows to be mischievous if it gets on his neighbour's, should be obliged to make good the damage which ensues if he does not succeed in confining it to his own property. But for his act in bringing it there no mischief could have accrued, and it seems but just that he should at his peril keep it there so that no mischief may accrue, or answer for the natural and anticipated consequences. And upon authority,...
Side 935 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Side 105 - When, through fraud, mistake, or accident, a written contract fails to express the real intention of the parties, such intention is to be regarded, and the erroneous parts of the writing disregarded.
Side 993 - In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the property is presumed to have been possessed thereof within the time required by law; and the occupation of the...
Side 437 - It does not appear, from the report of the case, that the juice or roots from which the defendants' article was made came from Anatolia.
Side 961 - Upon an indictment for larceny it is a sufficient defense that the property was appropriated openly and avowedly, under a claim of title preferred in good faith, even though such claim is untenable.
Side 420 - ... a sufficient number to form a board for the transaction of business ; and every decision of a majority of the persons duly assembled as a board, shall be valid as a corporate act.
Side 57 - But whenever the actual existence of any particular purpose, motive, or intent is a necessary element to constitute any particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time, in determining the purpose, motive, or intent with which he committed the act.