Smith's California Law Quizzer: 2000 Questions and Answers; Subjects Treated Conform to the Rulings of the California Courts of Last Resort, and Embody the Principles of Law and Equity in General and the California Law from the Adoption of the Codes Down to Date

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O.W. Smith, 1928 - Bar examinations - 344 pages
 

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Page 48 - Saund. 228, n. (1), it is said, that, " where there is any defect, imperfection, or omission in any pleading, whether in substance or form, which would have been a fatal objection upon demurrer ; yet, if the issue joined be such as necessarily required on the trial proof of the facts so defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give or the jury would have given the verdict, such defect, imperfection, or...
Page 64 - The causes of action so united must all belong to one only of these classes, and must affect all the parties to the action, and not require different places of trial, and must be separately stated...
Page 91 - Any benefit conferred, or agreed to be conferred, upon the promisor, by any other person, to which the promisor is not lawfully entitled, or any prejudice suffered, or agreed to be suffered, by such person, other than such as he is at the time of consent lawfully bound to suffer, as an inducement to the promisor, is a good consideration for a promise.
Page 211 - Do any other act which would make it impossible to carry on the ordinary business of the partnership...
Page 53 - Constitution of 1849 passed a law whereby it was declared that "the common law of England, so far as it Is not repugnant to or inconsistent with the Constitution of the United States, or the Constitution or laws of the state of California, shall be the rule of decision In all the courts of this state," and this is the rule at the present time.
Page 110 - Each stockholder of a corporation or joint-stock association shall be individually and personally liable for such proportion of all its debts and liabilities contracted or incurred during the time he was a stockholder, as the amount of stock or shares owned by him bears to the whole of the subscribed capital stock or shares of the corporation or association.
Page 199 - Where the instrument is addressed to a drawee, he must be named or otherwise indicated therein with reasonable certainty.
Page 135 - libel" is a malicious defamation expressed either by writing, printing, or by signs or pictures, or the like, tending to blacken the memory of one who is dead, or to impeach the honesty, integrity, virtue, or reputation, or publish the natural or alleged defects of one who is alive, and thereby to expose him to public hatred, contempt, or ridicule.

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