California Decisions, Volume 49Recorder Print. and Publishing Company, 1915 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 2
... facts . The court called attention to the fact that other cases were set for trial that would occupy all of De- cember and would run into January . From the condition of the calendar and engagements of the court the judge stated that ...
... facts . The court called attention to the fact that other cases were set for trial that would occupy all of De- cember and would run into January . From the condition of the calendar and engagements of the court the judge stated that ...
Page 4
... fact . " But to this there is a twofold answer . First , the jury was not bound by the declaration of the defendant that he saw in the posses- sion of the deceased only a silver dollar , and it would be a per- fectly legitimate ...
... fact . " But to this there is a twofold answer . First , the jury was not bound by the declaration of the defendant that he saw in the posses- sion of the deceased only a silver dollar , and it would be a per- fectly legitimate ...
Page 17
... fact having been raised or tried , defendant had no right to move for a new trial , as a new trial is a re ... facts upon which it is sought or established be proven . In such an instance , however , as in any other where the defendant ...
... fact having been raised or tried , defendant had no right to move for a new trial , as a new trial is a re ... facts upon which it is sought or established be proven . In such an instance , however , as in any other where the defendant ...
Page 36
... fact that the building and premises were partially destroyed by fire so as to render the demised premises wholly unfit for occupancy said lease became and was terminated . A like conclusion was drawn from the fact that the premises were ...
... fact that the building and premises were partially destroyed by fire so as to render the demised premises wholly unfit for occupancy said lease became and was terminated . A like conclusion was drawn from the fact that the premises were ...
Page 57
... fact that the statute pro- vides that the court shall give judgment for the rent found due does not transform the action into an action on contract . [ 4 ] ID . PLEADING SERVICE OF THREE DAY NOTICE - SUFFICIENT AVERMENT . Where a copy ...
... fact that the statute pro- vides that the court shall give judgment for the rent found due does not transform the action into an action on contract . [ 4 ] ID . PLEADING SERVICE OF THREE DAY NOTICE - SUFFICIENT AVERMENT . Where a copy ...
Contents
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Common terms and phrases
action adverse possession affidavit affirmed agreement alleged amended Angeles ANGELLOTTI appellant application assessment attorney bank Chase Stevens city and county Civil Procedure claim Code of Civil Company complaint concur constitution contract corporation County of San court of appeal cross-complaint damages deceased declared decree deed defendant defendant's demurrer district court election entitled evidence executed fact filed findings Fodera franchise fraud granted held HENSHAW inheritance tax injury interest irrigation issue Judge judgment jury land lease lien LORIGAN matter MELVIN ment mortgage motion municipal negligence opinion order denying ordinance Owens River owner parties payment person petitioner probate proceeding promissory note provision Public Utilities Act purchase purpose question quiet title railroad reason riparian rule San Joaquin river SLOSS slough statute street sufficient Superior Court supra sustained testator testimony therein thereof tideland tion trial court Trona trust witness
Popular passages
Page 691 - If the age of the insured has been misstated, all amounts payable under this policy shall be such as the premium paid would have purchased at the correct age.
Page 346 - ... an issue of fact must be tried by a jury, unless a jury trial is waived or a reference is ordered, as provided in this code.
Page 292 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the accomplishment of the declared objects and purposes of the corporation — not simply convenient, but indispensable.
Page 495 - A joint interest is one owned by two or more persons in equal shares, by a title created by a single will or transfer, when expressly declared in the will or transfer to be a joint tenancy...
Page 85 - No . . . electrical corporation . . . shall henceforth sell, lease, assign, mortgage or otherwise dispose of or encumber the whole or any part of its ... line, plant or system, necessary or useful in the performance of its duties to the public, or any franchise or permit or any right thereunder...
Page 559 - Lineal and collateral warranties, with all their incidents, are abolished; but the heirs and devisees of every person who has made any covenant or agreement in reference to the title of, in, or to any real property, are answerable upon such covenant or agreement to the extent of the land descended or devised to them, in the cases and in the manner prescribed by law.
Page 8 - Actions for the recovery of any property, real or personal, or for the possession thereof, or to quiet title thereto, or to determine any adverse claim "thereon, and all actions founded upon contracts, may be maintained by and against executors and administrators in all cases in which the same might have been maintained by or against their respective testators or intestates.
Page 206 - When cross-demands have existed between persons under such circumstances that, if one had brought an action against the other, a counterclaim could have been set up, the two demands shall be deemed compensated, so far as they equal each other, and neither can be deprived of the benefit thereof by the assignment or death of the other.— 1873-300.
Page 180 - In any city where there are no public works owned and controlled by the municipality, for supplying the same with water or artificial light, any individual, or any company duly incorporated for such purpose under and by authority of the laws of this State, shall, under the direction of the Superintendent of Streets, or other officer in control thereof, and under such general regulations as the municipality may prescribe for damages and indemnity for damages, have the privilege of using the public...
Page 599 - 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.