Reports of Cases Determined in the Courts of Appeal of the State of California, Volume 33Bancroft-Whitney, 1917 - Law reports, digests, etc |
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Page xxxii
... Amendment of Pleading . 1872. Mining ........... 273 , 274 , 275 , 276 , 278 Rev. Stats . , sec . 2326. Land Patent ... .526 , 527 322 WISCONSIN . Code , sec . 4972. Statutory Construction ..... 110 REPORTS OF CASES DETERMINED IN THE ...
... Amendment of Pleading . 1872. Mining ........... 273 , 274 , 275 , 276 , 278 Rev. Stats . , sec . 2326. Land Patent ... .526 , 527 322 WISCONSIN . Code , sec . 4972. Statutory Construction ..... 110 REPORTS OF CASES DETERMINED IN THE ...
Page 30
... amendments to de- fendant's bill of exceptions and all of her costs necessary to be expended by her in preparation on her part against de- fendant's said motion for a new trial herein and defendant's 30 [ 33 Cal . App . SCHALLMAN v . HAAS .
... amendments to de- fendant's bill of exceptions and all of her costs necessary to be expended by her in preparation on her part against de- fendant's said motion for a new trial herein and defendant's 30 [ 33 Cal . App . SCHALLMAN v . HAAS .
Page 41
... amended complaint after notice . Even should we concede such error , it could not be said that it resulted in a miscarriage of justice . ( Const . , sec . 42 , art . VI . ) In our opinion the judgment and order appealed from should be ...
... amended complaint after notice . Even should we concede such error , it could not be said that it resulted in a miscarriage of justice . ( Const . , sec . 42 , art . VI . ) In our opinion the judgment and order appealed from should be ...
Page 42
... AMENDMENT AND ADMISSION IN EVIDENCE . - A deposition of a witness taken out of the state upon a commission which did not have attached to it the seal of the court as required by section 2024 of the Code of Civil Procedure is subject to ...
... AMENDMENT AND ADMISSION IN EVIDENCE . - A deposition of a witness taken out of the state upon a commission which did not have attached to it the seal of the court as required by section 2024 of the Code of Civil Procedure is subject to ...
Page 44
... amendment to the same in the interest of justice , especially when , as in this case , the party complaining can show no resulting injury . The au- thorities sustain this view . In the case of The Oriental v . Barclay , 16 Tex . Civ ...
... amendment to the same in the interest of justice , especially when , as in this case , the party complaining can show no resulting injury . The au- thorities sustain this view . In the case of The Oriental v . Barclay , 16 Tex . Civ ...
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affidavit affirmed agent agreement alleged amended Angeles Appellate District.-May application authority Bakersfield bank building cause heard cause of action charge Civil Code Civil Procedure claim Code of Civil Company complaint concurred Conrey constitution construction contention contract corporation court of appeal damages declared deed defendant defendant's district attorney district court effect entitled evidence execution facts favor fendant filed finding Garvanza hundred dollars instruction Judge judgment and order jury Kern County land lease Los Angeles County matter ment Modoc County motion notice opinion order denying owner paid parties payment person petitioner plaintiff possession premises prosecution purchase purpose question real property reason record refused Respondent rule Second Appellate statute Stewart sufficient Superior Court supreme court testified testimony therein thereof thousand dollars tiff tion Tognola trial court trust unlawful detainer witness
Popular passages
Page 91 - Act to recover damages for personal injuries to an employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee...
Page 297 - One who sells the good-will of a business may agree with the buyer to refrain from carrying on a similar business within a specified county, city, or a part thereof, so long as the buyer, or any person deriving title to the good-will from him, carries on a like business therein.
Page 716 - This policy shall be canceled at any time at the request of the insured ; or by the company by giving five days' notice of such cancellation. If this policy shall be canceled as hereinbefore provided, or become void or cease, the premium having been actually paid, the unearned portion shall be returned on surrender of this policy or last renewal, this company retaining...
Page 796 - The Legislature shall have no power to impose taxes upon counties, cities, towns, or other public or municipal corporations, or upon the inhabitants or property thereof, for county, city, town, or other municipal purposes, but may, by general laws, vest in the corporate authorities thereof the power to assess and collect taxes for such purposes.
Page 114 - No Senator or Member of Assembly, shall, during the term for which he shall have been elected, be appointed to any civil office of profit under this State, which shall have been created, or the emoluments of which shall have been increased during such term, except such offices as may be filled by elections by the people.
Page 699 - The parties to a contract may agree therein upon an amount which shall be presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage.
Page 761 - Every mortgage, or conveyance intended to operate as a mortgage, of goods and chattels, which shall hereafter be made, which shall not be accompanied by an immediate delivery, and followed by an actual and continued change of possession...
Page 509 - This title does not affect actions against directors or stockholders of a corporation, to recover a penalty or forfeiture imposed, or to enforce a liability created by law; but such actions must be brought within three years after the discovery by the aggrieved party of the facts upon which the penalty or forfeiture attached, or the liability was created.
Page 34 - An action is deemed to be pending from the time of its commencement until its final determination upon appeal, or until the time for appeal has passed, unless the judgment is sooner satisfied.
Page 162 - ... transacted and carried on within the limits of their respective jurisdictions, and all shows, exhibitions, and lawful games carried on therein, to fix the rates of license tax upon the same, and to provide for the collection of the same by suit or otherwise...