The Pacific Reporter, Volume 73

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West Publishing Company, 1903 - Law reports, digests, etc
 

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Page 334 - A malicious and guilty intent, from the deliberate commission of an unlawful act, for the purpose of injuring another; 2.
Page 73 - ... any interest in or concerning them, or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith...
Page 120 - That in civil cases the affirmative of the issue must be proved, and when the evidence is contradictory the decision must be made according to the preponderance of evidence; that in criminal cases guilt must be established beyond reasonable doubt.
Page 136 - State, and that the payment of the same has not been secured by any mortgage or lien upon real or personal property, or any pledge of personal property, or, if originally so secured, that such security has, without any act of the plaintiff, or the person to whom the security was given, become valueless; or, 3.
Page 343 - ... (2) The mortgage is recorded as provided in subsection C, together with the time and date when the mortgage is so endorsed; (3) An affidavit is filed with the record of such mortgage to the effect that the mortgage is made in good faith and without any design to hinder, delay, or defraud any existing or future creditor of the mortgagor or any lienor of the mortgaged vessel...
Page 415 - ... excessive damages appearing to have been given under the influence of passion or prejudice...
Page 420 - For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this code, is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not.
Page 111 - Children under ten years of age, who appear incapable of receiving just impressions of the facts respecting which they are ex-amined, or of relating them truly.
Page 127 - That is not lawful which is: 1. Contrary to an express provision of law; 2. Contrary to the policy of express law, though not expressly prohibited; or, 3. Otherwise contrary to good morals.
Page 166 - 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.

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