Reports of Cases Determined in the Courts of Appeal of the State of California, Volume 4Bancroft-Whitney, 1908 - Law reports, digests, etc |
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Common terms and phrases
affidavit affirmed agreed agreement alimony alleged amount Andrew Glassell answer Appellant assessment attorney averment bank cause of action charge City and County Civil Procedure claim Code Company complaint concurred contract court found cross-complaint damages deceased decree deed defendant defendant's demurrer district ditch easement entitled error evidence executed facts fendant filed finding foreclosure ground instruction interest irrigation issue Judge judgment and order jurisdiction jury land lease lien ment month mortgage motion negligence nonsuit notice objection opinion order denying owner paid parties payment person petition petitioner plaintiff pleaded possession premises prior probative facts provisions purchase question quiet title reason record Redding township Respondent rule San Francisco sold Southern Pacific Railroad statute street sufficient Superior Court supreme court sustained testified testimony therein thereof thereto tickets tion trees trial trust verdict warranted witness
Popular passages
Page 208 - The defendant may demur to the complaint within the time required in the summons to answer, when it appears upon the face thereof, either : 1. That the court has no jurisdiction of the person of the defendant or the subject of the action; or, 2.
Page 793 - A conviction cannot be had on the testimony of an accomplice, unless he is corroborated by other evidence, which in itself, and without the aid of the testimony of the accomplice, tends to connect the defendant with the commission of the offense; and the corroboration is not sufficient, if it merely shows the commission of the offense, or the circumstances thereof.
Page 777 - A witness may also be impeached by evidence that he has made, at other times, statements inconsistent, with his present testimony; but before this can be done the statements must be related to him, with the circumstances of times, places, and persons present, and he must be asked whether he made such statements, and if so, allowed to explain them. If the statements be in writing, they must be shown to the witness before any question is put to him concerning them.
Page 260 - No officer or employe in the classified civil service of any city who shall have been appointed under said rules and after said examination, shall be removed or discharged except for cause, upon written charges and after an opportunity to be heard in his own defense.
Page 652 - That a witness false in one part of his testimony is to be distrusted in others.
Page 96 - Judges shall not charge juries with respect to matters of fact, but may state the testimony and declare the law.
Page 281 - Every interest created in favor of several persons in their own right is an interest in common, unless acquired by them in partnership, for partnership purposes, or unless declared in its creation to be a joint interest, as provided in section six hundred and eightythree, or unless acquired as community property.
Page 728 - ... be asked whether he has any legal cause to show why judgment should not be pronounced against him.
Page 395 - Every person who attempts to commit any crime, but fails, or is prevented or intercepted in the perpetration thereof, is punishable, where no provision is made by law for the punishment of such attempts, as follows: 1.
Page 498 - ... ensue on the trial, the plaintiff must, in general, state the particular damage which he has sustained, or he will not be permitted to give evidence of it.